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In the the Town and Country Planning Act 1990 (referred to in this Act as “the principal Act”) in Part VII (enforcement) before section 172 there is inserted—
After section 187 of the principal Act there is inserted—
After section 187A of the principal Act (as inserted by section 2 of this Act) there is inserted—
At the beginning of Part VII of the principal Act (enforcement) there is inserted—
If, in the case of any breach of planning control, the time for issuing an enforcement notice has expired, before the coming into force of this section, by virtue of section 172(4)(b) of the principal Act (as originally enacted), nothing in this section enables any enforcement action to be taken in respect of the breach.
For sections 172 and 173 of the principal Act (power to issue and contents of enforcement notice) there is substituted—
For section 174(2) and (3) of the principal Act (grounds of appeal and notice) there is substituted—
In section 175(4) of that Act (enforcement notices of no effect pending final determination or withdrawal of appeals) after “shall” there is inserted “ subject to any order under section 289(4A) ”.
After section 177(5) of that Act (appellant deemed to have made an application for planning permission for the development to which the enforcement notice relates) there is inserted—
In section 289 of that Act (appeals to High Court) after subsection (4) there is inserted—
For subsection (6) of that section there is substituted—
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For section 178(1) of the principal Act (power to execute works required by enforcement notice) there is substituted—
For subsections (6) and (7) of that section there is substituted—
For section 179 of the principal Act (penalties for non-compliance with enforcement notice) there is substituted—
For section 183(1) to (5) of the principal Act (stop notices) there is substituted—
For section 184(3) of that Act (date on which stop notice takes effect) there is substituted—
For section 186(5) of that Act (matters relevant to compensation) there is substituted—
For section 187(1) and (2) of that Act (offences and penalties) there is substituted—
For sections 191 to 194 of the principal Act (established use certificates) there is substituted—
An order under section 84(2) of this Act may provide for established use certificates to have effect, in such circumstances and to such extent as may be specified in the order, for the purposes of section 191 of the principal Act as substituted by this section.
At the end of Part VII of the principal Act there is inserted—
In section 324(1)(c) of that Act (rights of entry) “Part VII” is omitted.
In section 325(6) of that Act (compensation in respect of damage caused in exercise of right of entry)—
for “land is damaged” there is substituted “ damage is caused to land or chattels ”; and
for the words from “in respect of” to “in the land” there is substituted “ may be recovered by any person suffering the damage ”.
For section 106 of the principal Act (agreements regulating development or use of land) there is substituted—
In section 296(2) of that Act (exercise of powers in relation to Crown land) after “authority-” there is inserted—.
After section 299 of that Act there is inserted—
In section 55 of the principal Act (meaning of “development”) after subsection (1) there is inserted—
In subsection (2) of that section after paragraph (f) there is inserted—
After section 108(3) of that Act (compensation for refusal or conditional grant of planning permission formerly granted by development order) there is inserted—
After section 55(4) of the principal Act (meaning of “development”) there is inserted—
This section does not apply to the placing or assembly of any structure before this section comes into force.
After section 71 of the principal Act there is inserted—
For sections 65 to 68 of the principal Act (publicity for applications for planning permission) there is substituted—
For section 71(1) and (2) there is substituted—
After section 70 of the principal Act there is inserted—
In section 78(2) of that Act (right to appeal to Secretary of State where local planning authority have failed to take a decision on an application) for “neither” there is substituted “ done none of the following ” and for “nor” there is substituted—.
After section 79(6) of the principal Act (determination of appeals) there is inserted—
After section 74(1) of the principal Act (provisions that may be made by a development order for dealing with applications) there is inserted—
In Schedule 1 to that Act (distribution of functions)—
in paragraph 3(2) (functions which appear to the district planning authority to relate to a county matter to be exercised by the county authority) for “appears to the district planning authority to relate” there is substituted “ relates ”,
paragraphs 3(3) to (6) and 4(1) (all applications to be made to district planning authority) are omitted.
For section 316 of the principal Act (application of certain provisions to local planning authorities) there is substituted—
Schedule 1 to this Act (which, among other things, provides for aftercare where permission is given to deposit refuse or waste materials and provides for altering the provisions relating to compensation for restrictions on mineral working and depositing mineral waste) shall have effect.
In this section and Schedule 2 to this Act, “old mining permission” means any planning permission for development— which was deemed to be granted under Part III of the Town and Country Planning Act 1947 by virtue of section 77 of that Act (development authorised under interim development orders after 21st July 1943).
consisting of the winning and working of minerals; or
involving the depositing of mineral waste,
An old mining permission shall, if an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.
If no such development has, at any time in the period of two years ending with 1st May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out at any time after the coming into force of this section unless—
the permission has effect in accordance with subsection (2) above; and
the development is carried out after such an application is finally determined.
An old mining permission shall—
if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made; and
if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.
An old mining permission shall, if— cease to have effect on the day following the last date on which the application to determine those conditions may be served.
such an application is granted; but
an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,
Subject to subsection (3) above, this section—
shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and
shall not affect any order made or having effect as if made under section 102 of or Schedule 9 to the principal Act (discontinuance, etc. orders).
This section and that Schedule, and the principal Act, shall have effect as if the section and Schedule were included in Part III of that Act.
In section 207 of the principal Act (enforcement of duties as to replacement of trees) for subsections (3) and (4) there is substituted—
In section 208 (appeals against section 207 notices) in subsection (1) after paragraph (a) there is inserted—.
For subsections (2) and (3) of that section there is substituted—
For subsections (7) and (8) of that section there is substituted—
For section 209(6) there is substituted—
In section 210 (penalties for non-compliance with tree preservation order)—
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in subsection (3) “on indictment” is omitted; and
subsection (5) is omitted.
After section 214 there is inserted—
In section 324 (rights of entry)—
in subsection (1), in paragraph (b) “198 to 200” is omitted;
in paragraph (c) of that subsection for “or Part VIII” there is inserted “ or Chapter 2 or 3 of Part VIII ”;
subsection (2) is omitted; and
in subsection (5) for “Part VIII (other than section 204)” there is substituted “ Chapter 2 or 3 of Part VIII ”.
In section 336(1) of the principal Act (interpretation) in the definition of “advertisement”—
after “notice” there is inserted “ awning, blind ”;
after “used,” there is inserted “ or designed ”; and
after “use” there is inserted “ and anything else principally used, or designed or adapted principally for use, ”.
Schedule 3 to this Act (which makes amendments in relation to the enforcement of the enactments about listed buildings, conservation areas and hazardous substances) shall have effect.
At the end of Part II of the principal Act there is inserted—.
Schedule 4 to this Act (which provides for streamlining the development plan system) shall have effect.
Schedule 5 to this Act which— shall have effect.
modifies the procedure for making simplified planning zones, and
makes minor and consequential amendments of Schedule 7 to the principal Act,
In section 33 of the National Heritage Act 1983 (general functions of Commission) after subsection (2) there is inserted—
In section 89 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (application of general provisions of principal Act, including power under section 330 to require information) after subsection (2) there is inserted—
After section 322 of the principal Act there is inserted—
In section 89(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and section 37(2) of the Planning (Hazardous Substances) Act 1990 (application of provisions of the principal Act) before “323” there is inserted “ 322A (orders as to costs: supplementary) ”.
Part V of the principal Act (compensation for restrictions on new development where land has an unexpended balance of development value) and Schedule 12 to that Act (unexpended balance of development value) are repealed.
Section 114 of that Act (compensation for planning decisions restricting development other than new development) is repealed.
Section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (compensation for refusal of consent to alteration, etc. of listed building) is repealed.
Schedule 6 to this Act (compensation repeals: minor and consequential amendments) shall have effect.
Subsection (1) above shall have effect in relation to any compensation under Part V of the principal Act unless a claim for the compensation has been made in accordance with section 127 of that Act before the repeal of that section comes into force.
Any amount recoverable under section 133 of that Act which has not been paid, including any interest on any such amount, shall cease to be recoverable and any mortgage, covenant or other obligation by which the payment of any such amount, or interest on it, is secured is discharged.
The repeal of section 114 of that Act shall have effect, or be treated as having had effect, where the application for planning permission was made on or after 16th November 1990.
The repeal of section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect, or be treated as having had effect, where the application for listed building consent was made on or after 16th November 1990.
Schedule 7 to this Act (which makes minor and consequential amendments of the enactments relating to planning) shall have effect.
At the beginning of Part V of the 1972 Act (enforcement of control under Parts III and IV) there is inserted—
If, in the case of any breach of planning control, the time for issuing an enforcement notice has expired, before the coming into force of this section, by virtue of section 84(3)(b) of the 1972 Act (as originally enacted), nothing in this section enables any enforcement action to be taken in respect of the breach.
For section 85(1) and (2) of the 1972 Act (appeal against enforcement notice) there is substituted—
After section 85(7) of that Act (appellant deemed to have made an application for planning permission for the development to which the enforcement notice relates) there is inserted—
For section 87(1) to (3) of the 1972 Act (stop notices) there is substituted—
For section 87(8) of that Act there is substituted—
For section 166(6) of that Act (compensation for loss due to stop notice) there is substituted—
For section 90 of, and Schedule 12 to, the 1972 Act (certification of established use) there is substituted—
An order under section 68(2) of this Act may provide for established use certificates to have effect, in such circumstances and to such extent as may be specified in the order, for the purposes of section 90 of the 1972 Act as substituted by this section.
After section 91 of the 1972 Act there is inserted—
In section 266(4) of the 1972 Act (compensation for damage caused in exercise of right of entry)—
for “land is damaged” there is substituted “damage is caused to land or moveable property”; and
for the words from “in respect of” to “in the land” there is substituted “may be recovered by any person suffering the damage”.
In section 19 of the 1972 Act (meaning of “development”) after subsection (1) there is inserted—
In subsection (2) of that section after paragraph (f) there is inserted—
After section 154(3) of the 1972 Act (compensation for refusal or conditional grant of planning permission formerly granted by development order) there is inserted—
After subsection (3A) of section 19 (meaning of “development”) of the 1972 Act there is inserted—
This section does not apply to the placing or assembly of any structure before this section comes into force.
For section 24 of the 1972 Act (notification of applications for planning permission) there is substituted—
For section 26(3) of the 1972 Act there is substituted—
After section 26 of the 1972 Act there is inserted—.
In section 34 (appeal in default of planning decision) of the 1972 Act—
the word “either” is omitted; and
after paragraph (a) there is inserted—.
In subsection (2) of section 50 (agreements regulating development or use of land) of the 1972 Act, after “Sasines” there is inserted “or, as the case may be, registered in the Land Register of Scotland,”.
In subsection (1) of section 254 (agreements relating to Crown land) of the 1972 Act—
after “agreements” there is inserted “(a)”; and
and either permanently or during such period as may be prescribed by the agreement.
After subsection (1) of that section there is inserted—
After section 33(7) of the 1972 Act (appeals against planning decisions) there is inserted—
In paragraph 2(1)(a) of Schedule 7 to that Act (powers and duties of person determining appeals) for “subsections (3) and (5)” there is substituted “subsections (3), (5), and (7A)”.
In section 98 of the 1972 Act (penalties for non-compliance with tree preservation order), in subsection (1)—
for paragraph (a) there is substituted—
the words “on indictment”, where second occurring, are omitted; and
subsection (3) is omitted.
In section 99 of the 1972 Act (enforcement of duties as to replacement of trees)—
for subsection (2) there is substituted—;
in subsection (3)—
for the words from “at any time” to “take effect” there is substituted “either by giving written notice to the Secretary of State before the end of the period specified in accordance with subsection (2) of this section, or by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period,”; and
after paragraph (a) there is inserted—; and
at the end there is inserted—
After section 99 there is inserted—
after “notice” there is inserted “awning, blind”;
after “used” there is inserted “or designed”; and
after “use” there is inserted “and anything else used, or designed or adapted principally for use,”.
modifies the procedure for making simplified planning zones, and
makes minor and consequential amendments to Schedule 6A to the 1972 Act,
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Schedule 12 to this Act shall have effect.
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Schedule 13 to this Act (which makes minor and consequen tial amendments of the enactments relating to planning in Scotland) shall have effect.
After section 26(2) of the Land Compensation Act 1973 (responsible authority may acquire land by agreement where enjoyment of land affected by public works) there is inserted—
After section 246(2) of the Highways Act 1980 (acquisition of land by agreement where enjoyment of land affected by works) there is inserted—
In section 52 of the Land Compensation Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—
After that section there is inserted—
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For section 17(1) of the Land Compensation Act 1961 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted—
and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.
After subsection (9) of that section there is inserted—
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Schedule 14 to this Act (which revives Part IV of the Land Compensation Act 1961) shall have effect.
This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.
In section 5 of the Compulsory Purchase Act 1965 (notice to treat) after subsection (2) there is inserted—
For section 29(2) of the Land Compensation Act 1973 (home loss payment where person displaced from dwelling: period and nature of occupation) there is substituted—
Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.
For section 30 of that Act (amount of home loss payment in England and Wales) there is substituted—
For section 32(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—
In section 32(4) of that Act for “five years” there is substituted “ one year ”.
In section 32(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.
In section 32(7) and (7B) of that Act, after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.
In section 33 of that Act (caravan dwellers)—
in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,
in subsection (3), for the words following “substituted” (in the second place) there is substituted—
for subsection (4) there is substituted—,
in subsection (5), for paragraph (a) there is substituted—,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.
This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.
After section 29 of the Land Compensation Act 1973 there is inserted—
Schedule 15 to this Act, of which— relating to land compensation, shall have effect.
Part I contains miscellaneous amendments, and
Part II contains minor and consequential amendments,
For section 27(2) of the Land Compensation (Scotland) Act 1973 (home loss payment where person displaced from dwelling) there is substituted—
Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.
For section 28 of that Act (amount of home loss payment) there is substituted—
For section 29(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—
In section 29(4) of that Act, for “five years” there is substituted “ one year ”.
In section 29(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.
In section 29(7) and (7AA), after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.
In section 30 of that Act (caravan dwellers)—
in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,
in subsection (3), for the words following “substituted” (in the second place) there is substituted—,
for subsection (4) there is substituted—,
in subsection (5), for paragraph (a) there is substituted—,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.
This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.
After section 27 of the Land Compensation (Scotland) Act 1973 there is inserted—
In section 48 of the Land Compensation (Scotland) Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—.
After that section there is inserted—
At the end of section 22 (assumptions as to planning permission) of the Land Compensation (Scotland) Act 1963 there is added—
For section 25(1) of the Land Compensation (Scotland) Act 1963 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted—.
and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.
After subsection (9) of that section there is inserted—.
After section 24(2) of the Land Compensation (Scotland) Act 1973 (acquisition of land in connection with public works) there is inserted—.
After section 106(2) of the Roads (Scotland) Act 1984 (acquisition of land for mitigating adverse effects of construction of road) there is inserted—
Schedule 16 to this Act (which revives Part V of the Land Compensation (Scotland) Act 1963) shall have effect.
This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.
A notice to treat under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 shall, for the purposes of any compulsory purchase to which the provisions of the first Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 apply, cease to have effect at the end of the period of three years beginning with the date on which it is served unless—
the compensation has been agreed or awarded or has been paid or paid into a bank;
a general vesting declaration has been executed under paragraph 1 of Schedule 15 to the Town and Country Planning (Scotland) Act 1997;
the acquiring authority have entered on and taken possession of the land specified in the notice; or
the question of compensation has been referred to the Lands Tribunal for Scotland.
If the person interested in the land, or having power to sell and convey it, and the acquiring authority agree to extend the period referred to in subsection (1) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—
any of the events referred to in that subsection have then taken place; or
the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).
Where a notice to treat ceases to have effect by virtue of subsection (1) or (2) of this section, the acquiring authority—
shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2) of this section, and
shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.
The amount of any compensation payable under subsection (3) of this section shall, in default of agreement, be determined by the Lands Tribunal for Scotland.
Compensation payable to any person under subsection (3) of this section shall carry interest at the rate prescribed under section 40 (rate of interest after entry on land) of the Land Compensation (Scotland) Act 1963 from the date on which he was entitled to be given notice under that subsection until payment.
Schedule 17 to this Act— relating to land compensation in Scotland shall have effect.
Part I of which contains miscellaneous amendments; and
Part II of which contains minor and consequential amendments,
Compensation payable under any provision mentioned in column 1 of an entry in Part I of Schedule 18 to this Act shall carry interest at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963 from the date shown against that provision in column 2 of the entry until payment.
If it appears to any person that he may become liable to pay to another— he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.
compensation under any provision mentioned in Schedule 18 to this Act, or
interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the Lands Clauses Consolidation Act 1845 or ...,
If after a payment has been made by any person under subsection (2) above— the payment or, as the case may be, excess shall be recoverable by that person.
it is agreed or determined that he is not liable to pay the compensation or interest, or
by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,
The Secretary of State may by order amend that Schedule by adding further entries or provisions to Part I or Part II.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part X of the Highways Act 1980 (new street byelaws) is repealed.
Nothing in this section affects—
any order made before the day on which this section comes into force under section 188 of that Act (new street orders) or under any enactment from which that section is derived; or
any powers of a local authority exercisable under Part X of that Act in respect of such an order.
The Secretary of State may by order made by statutory instrument repeal any local enactment so far as it makes provision having similar effect to any provision of Part X of that Act.
An order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to the purposes of sections 68 and 69 of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In section 91A of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)—
in subsection (4)(b) for “any term of a relevant agreement” there is substituted “ any relevant obligation ”; and
for subsection (7) there is substituted—
This Act may be cited as the Planning and Compensation Act 1991.
Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.
An order under subsection (2) above may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.
Sections 31(2), (3), (7) and (8) and 60(2), (3) and (5), paragraphs 1, 5 and 13 of Schedule 6 and the related repeals shall come into force on the day on which this Act is passed.
Nothing in any provision of this Act affects the punishment for an offence committed before the provision comes into force.
The enactments mentioned in Schedule 19 to this Act are repealed to the extent specified in the third column.
Parts I and III of this Act and section 81 extend to England and Wales only.
Parts II and IV of this Act extend to Scotland only.
This Act, apart from sections 82 and 83, does not extend to Northern Ireland.
Section 21.
The principal Act is amended as follows.
In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.
In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—.
In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—
In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—
In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.
For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—
In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.
For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—
In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.
In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.
In section 336(1) (interpretation)—
“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;
the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;
in the definition of “minerals” for “minerals and substances in or under land” there is substituted “ substances ”;
the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and
“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.
In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—
in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and
sub-paragraph (2) is omitted.
In Schedule 5, in paragraph 1(1) for “consisting of the winning and working of minerals” there is substituted— . In sub-paragraphs (2), (3) and (5) of that paragraph for “development”, in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”. In sub-paragraph (6) of that paragraph “consisting of the winning and working of minerals” is omitted. In paragraph 2(1) of that Schedule— In paragraph 6 of that Schedule for the words from “carried out” to “under the land” there is substituted “ won and worked minerals or deposited refuse or waste materials ”. In paragraph 7 of that Schedule after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”. At the end of that Schedule there is inserted—
In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted—. For paragraph (c) of that sub-paragraph there is substituted—. For sub-paragraphs (2) and (3) of that paragraph there is substituted— An order under paragraph 1 may impose a restoration condition In sub-paragraph (4)(b) of that paragraph for the words from “before” to “under it” there is substituted “ before the development began ”. The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when— The requirements mentioned in sub-paragraph (1) are— At the end of paragraph 4(8) of that Schedule there is inserted “ or involving the depositing of mineral waste ”. Where it appears to the mineral planning authority— the mineral planning authority may by order require that steps be taken for the protection of the environment. For sub-paragraphs (3) and (4) there is substituted— In paragraph 10(1) of that Schedule for “in, on or under the land” there is substituted “ or involving the depositing of mineral waste at the site ”. In sub-paragraph (3) of that paragraph for “development consisting of the winning and working of minerals” there is substituted “ the development ”. For sub-paragraph (4) of that paragraph there is substituted— For sub-paragraph (8) there is substituted— At the end of that Schedule there is inserted—
Schedule 11 (compensation in respect of certain orders affecting mineral working) is omitted. Without prejudice to section 17(2)(b) of the Interpretation Act 1978, any regulations made or having effect as if made by virtue of Schedule 11 to the principal Act shall, to the extent that they are in force on the coming into force of this paragraph, have effect as if made under section 116 of the principal Act as substituted by paragraph 9 of this Schedule.
Section 22.
Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the mineral planning authority for the permission to be registered. The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject. The application must be served on the mineral planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force. On an application under this paragraph, the mineral planning authority must— Where— the application is to be treated for the purposes of section 22 of this Act and this Schedule as having been refused by the authority.
The conditions to which an old mining permission is to be subject— Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the mineral planning authority to determine the conditions to which the permission is to be subject. The application must set out proposed conditions. The application must be served on the mineral planning authority— The date referred to in sub-paragraph (4) above is— On an application under this paragraph— The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b) of the principal Act (planning permission granted for a limited period). This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.
Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 69 of the principal Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above. Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register. The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.
An application under paragraph 1 or 2 above is an application which is— The applicant must, so far as reasonably practicable, give the information required by the form. Where the mineral planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application. Where the mineral planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant. An appropriate certificate is such a certificate— For the purposes of paragraph 1 above, the provisions referred to in sub-paragraph (5) above are— For the purposes of paragraph 2 above, the provisions referred to in sub-paragraph (5) above are— Section 68(1) or, as the case may be, 65(5) of that Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.
Where the mineral planning authority— the applicant may appeal to the Secretary of State. Where on an application under paragraph 2 above, the mineral planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State. An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State. In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b). In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination. A notice of appeal under this paragraph is a notice which— The appellant must, so far as reasonably practicable, give the information required by the form. Paragraph 4(5) to (8) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above. Schedule 6 to the principal Act (determination of appeals by persons appointed by Secretary of State) applies to appeals under this paragraph.
On an appeal under paragraph 5 above the Secretary of State may— and may deal with the application as if it had been made to him in the first instance. Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may— The decision of the Secretary of State on such an appeal shall be final.
The Secretary of State may give directions requiring applications under this Schedule to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority. The direction may relate either to a particular application or to applications of a class specified in the direction. Where an application is referred to him under this paragraph— Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.
Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission— Where— then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.
Subject to paragraph 3 above, section 69 of the principal Act (registers of applications, etc.), and any provision of a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above. Where the mineral planning authority is not the authority required to keep the register under that section, the mineral planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph. Sections 284 and 288 of the principal Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.
In this Schedule— For the purposes of section 22 of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—
Section 25.
In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—
for subsection (4) there is substituted—; and
in subsection (5) “on indictment” is omitted.
For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—.
Section 39 of that Act (appeals) is amended as follows. For subsection (1)(b) and (c) there is substituted—. For subsection (2) there is substituted— In subsection (3) after “shall” there is inserted “ subject to any order under section 65(3A) ”.
For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—
For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—
For section 43 of that Act (penalties for non-compliance) there is substituted—
After section 44 of that Act there is inserted—
Section 65 of that Act (appeals to High Court) is amended as follows. After subsection (3) there is inserted— For subsection (5) there is substituted—
In section 88 of that Act (rights of entry)— For subsection (7) of that section there is substituted—
In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—
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for the words following paragraph (b) there is substituted—.
In section 24 of that Act (hazardous substances contravention notices)—
in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and
in subsection (8) after “before” there is inserted “ or after ”, and
at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.
After that section there is inserted—
In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.
After section 26(2) of that Act (transitional exemptions) there is inserted—
After section 26 of that Act there is inserted—
Section 36 of that Act (rights of entry) is amended as follows. In subsection (4) after “contravention notice” there is inserted “ or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) ”. For subsection (6) there is substituted—
In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.
In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.
In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—
in subsection (2) “within such period as may be so specified” is omitted,
for subsection (3) there is substituted—, and
in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.
In section 39(7) of that Act “in writing” is omitted.
In section 42 of that Act—
in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and
subsection (7) is omitted.
In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.
Section 55(6) of that Act is omitted.
In section 82 of that Act—
in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and
in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.
In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.
In section 90(6)(b) of that Act “and 42(6)” is omitted.
In section 92(2)(b) of that Act “and 42(6)” is omitted.
In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.
In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.
In section 25(1) of the Planning (Hazardous Substances) Act 1990—
in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and
in paragraph (c) “(1) to (5) and (7)” is omitted.
In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.
In section 36(5) of that Act “Subject to subsection (6)” is omitted.
Section 27.
Part II of the principal Act (development plans) is amended as follows.
In section 12 (content of unitary development plan), in subsection (3) for the words from “other” to the end there is substituteduse of land in their area. In subsection (4)(a) of that section “other”, in the second place where it occurs, and “or for any description of development or other use of such land” are omitted. For subsection (6) of that section there is substituted— After subsection (7) of that section there is inserted— At the end of that section there is inserted—
After that section there is inserted—
For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—
In section 14 (withdrawal of unitary development plan)—
in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and
subsection (3) (concerning publicity) is omitted.
In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—
In section 16 (local inquiries) for subsection (1) there is substituted—
In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.
In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.
In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.
In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”
In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted— In subsection (2) of that section “Subject to section 22” is omitted.
Section 22 (short procedure for certain alterations and replacements) is omitted.
In section 23 (joint unitary development plans)—
subsections (2) to (4) and (9) and (10) are omitted;
in subsection (5) for “(3)” there is substituted “ (2) ”;
in subsection (6) for “(4)” there is substituted “ (3) ”; and
in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.
In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—
after paragraph (c) there is inserted—
in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and
after that paragraph there is inserted—.
In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—
For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—
For section 42(1) and (2) (local inquiries) there is substituted—
In section 43 (adoption of proposals) for subsections (1) and (2) there is substituted— In subsection (4) of that section for “consider modifying” there is substituted “ modify ”.
In section 44 (calling in of proposals for approval by Secretary of State) in subsection (1) after “proposals” in the second place where it occurs there is inserted “ or any part of them ”. For subsection (2) of that section there is substituted—
In section 45 (approval of proposals by Secretary of State), in subsection (3)(a) after “with” there is inserted “ the ”. After subsection (4) of that section there is inserted—
For sections 46 to 48 (conformity between local plan and structure plan) there is substituted—
In section 49 “repeal” is omitted.
In section 50 (joint structure and local plans), in subsection (1), the words “for the repeal and” and subsections (2) and (3) are omitted. In subsection (4) of that section “repeal and” is omitted and for “33(3)” there is substituted “ 33(2) ”. In subsection (5) of that section “repeal and” is omitted and for “(3)” there is substituted “ (2) ”. In subsection (6) of that section— For subsection (7) of that section there is substituted— In subsection (8) of that section “repeal” and “in accordance with the provisions of the relevant local plan scheme” are omitted and for “38” there is substituted “ 39 ”. For subsection (9) of that section there is substituted—
In section 51(1) “repeal”, in both places where it occurs, is omitted.
After section 51 there is inserted—
In section 52(1) (reviews of plans in enterprise zones) for paragraphs (a) and (b) there is substituted “ any local planning authority for an area in which the enterprise zone is wholly or partly situated shall consider whether they need, in the light of the provisions in the scheme or modified scheme, to prepare proposals for the alteration or replacement of any structure or local plan in relation to which they have power to prepare such proposals. ” Subsections (2) and (3) are omitted.
In section 53 (regulations with respect to publicity etc. for structure plans and local plans), in subsection (1) “repeal” is omitted. In subsection (2) of that section— Subsection (5) of that section (date on which plans or proposals become operative) is omitted.
together with the resolutions of the authority who made or altered the plan or, as the case may be the Secretary of State’s notice of approval. In subsection (4) of that section at the end there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.
In section 284(1)(a) of the principal Act (validity of development plans etc.)—
after “local plan” there is inserted “ minerals local plan, waste local plan ”; and
“repeal”, in both places where it occurs, is omitted.
In section 287 of that Act (proceedings for questioning validity of development plans, etc.)—
in subsection (1) after “local plan” there is inserted “ minerals local plan or waste local plan ”; and
in subsections (1) to (3) and (5) “repeal” is omitted.
In section 306(2) of that Act (contributions by local authorities and statutory undertakers)—
after “local plan” there is inserted “ minerals local plan or waste local plan ”; and
“repeal” is omitted.
In section 324(1)(a) (rights of entry in connection with preparation etc. of plans), after “local plan” there is inserted “ minerals local plan or waste local plan ”.
In section 336(1) (interpretation) in the definition of “development plan” after “Schedule 2” there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.
In Schedule 1 to that Act (local planning authorities: distribution of functions) for paragraph 2 there is substituted— In paragraph 7(3) of that Schedule, in paragraph (a)—
In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)— are omitted. For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—
In Schedule 13 to that Act (blighted land) in paragraph 1 in Note (1) for paragraphs (a) and (b) there is substituted— In Note (2) to that paragraph for the words from “33(9)” to the end there is substituted “ 34 ”. In Note (5) for “in force” there is substituted “ in operation ”. After that Note there is inserted— In Note (7) to that paragraph for the words from “and all references” to the end there is substituted “ and Notes (1) to (4) shall be omitted ”. In paragraph 2 of that Schedule in paragraph (a) for “in force” there is substituted “ in operation ”. For Note (1) to paragraph 2 there is substituted— Notes (2) and (5) to that paragraph are omitted. In Note (3) to that paragraph “also” is omitted. In paragraph 3 of that Schedule, in Note (1)— In Note (2) to that paragraph “13(7) or” is omitted. In paragraph 4 of that Schedule, in Note (1)— In Note (2) to that paragraph “13(7) or” is omitted.
In Schedule 4 to the Planning (Consequential Provisions) Act 1990—
in paragraph 1, in the Table, the entry relating to section 9(4) of the 1971 Act and paragraph 2 of that Schedule is omitted;
paragraph 2 is omitted.
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“commencement” means the commencement of Part I of this Schedule;
The following provisions of the Land Compensation Act 1973— section 18 (claims under Part I of that Act), ... section 37(6) (disturbance payments), and section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).
Section 23 of the Land Compensation Act 1961 (permission for additional development granted after acquisition).
“prescribed” means prescribed by regulations made by the Secretary of State;
“winning and working of minerals”, “depositing of mineral waste”, “policies” in relation to such winning and working or depositing, and “waste policies” have the same meaning as they have under the new law.
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Section 28.
In Schedule 7 to the principal Act (simplified planning zones) for paragraphs 5 to 7 there is substituted—
For paragraph 8(1) to (3) (objections: local inquiry or other hearing) there is substituted— For paragraph 11(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—
In Schedule 1 to that Act, paragraph 9(2) and (3) is omitted.
Schedule 7 to that Act is amended as follows.
At the end of paragraph 4(1) there is added “ and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”
In paragraph 8(4) for “to hold a local inquiry or other hearing” there is substituted “ for the purposes of this paragraph ”.
In paragraph 9 for sub-paragraph (1) there is substituted— In sub-paragraph (3) of that paragraph for “consider modifying” there is substituted “ modify ”.
In paragraph 10(2)(a) after “hearing” there is inserted “ or any consideration of objections ”.
For paragraph 12(1) there is substituted—
In paragraph 13(2)—
after paragraph (b) there is inserted— and
in paragraph (e) the words from “for the purpose” to “6(2)” are omitted.
Section 31.
In section 15 of the Land Compensation Act 1961 (assumptions not directly derived from development plans)— This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.
In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.
In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (b) is omitted.
In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts V and XII of the Town and Country Planning Act 1990” there is substituted “ Part XII of the Town and Country Planning Act 1990 ”.
In section 5 of the Land Compensation Act 1973 (assessment of compensation: assumptions as to planning permission)— This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation Act 1973 fell or falls on or after 16th November 1990.
In section 53(1)(a) of the Civil Aviation Act 1982 “114,” is omitted.
In section 61(1)(a) of the Airports Act 1986 “114,” is omitted.
The principal Act is amended as follows.
In section 55 (meaning of development) subsection (6) (meaning of new development) is omitted.
In section 56(5) (time when development begun) for paragraph (b) there is substituted—.
Sections 80 and 81 (review of planning decisions where compensation claimed under Part V) are omitted.
In section 90(3) (development with Government authorisation) for “Parts V and” there is substituted “ Part ”.
In section 107(4) (compensation where planning permission revoked or modified) for “for any development of the land of any class specified in Schedule 3” there is substituted— This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.
In section 109(6) (apportionment of compensation for depreciation) for “in sections 110 and 113” there is substituted “ section 110 ”.
In section 111 (recovery of compensation under section 107 on subsequent development)—
in subsections (1) and (2) “new”, in both places where it occurs, is omitted;
in subsection (2) for “and (4)” there is substituted “ to (5) ”; and
for subsection (5) there is substituted—
In section 112 (amount recoverable under section 111 and provisions for payment or remission of it) the following are omitted—
in subsection (9), “new”;
in subsection (12), paragraph (a); and
in subsection (13), “paragraph (a) or paragraph (b) of”.
Section 113 (contribution of Secretary of State where compensation could have been claimed under Part V) is omitted.
In section 138(2)(a) (circumstances in which land incapable of reasonably beneficial use) for “new development,” there is substituted “ development other than any development specified in paragraph 1 or 2 of Schedule 3; ”.
In section 144 (special provisions as to compensation where purchase notice served)—
in subsection (2)(b), for “existing use value” there is substituted “ Schedule 3 value ”; and
“Schedule 3 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—
In section 198(4)(a) (tree preservation orders) “80, 81” is omitted.
In section 220(3)(a) (advertisement regulations) “80, 81” is omitted.
In section 262(4) and (7)(a) (meaning of “statutory undertakers”) “123” is omitted.
In section 263(3) (meaning of “operational land”) “123(3) and (4)” is omitted.
In section 284(3) (validity of orders, etc.) paragraph (c) is omitted.
In section 298 (supplementary provisions as to Crown and Duchy interests) for subsections (1) and (2) there is substituted— In subsection (3) of that section for “the provisions of this Act referred to in subsection (1)(a)” there is substituted “ sections 109 to 112 ”. This paragraph does not affect the operation of Schedule 3 to the Planning (Consequential Provisions) Act 1990 in relation to any private interest or Duchy interest (as defined in section 293 of the principal Act).
In section 308 (recovery from acquiring authorities of sums paid by way of compensation)— Any amount recoverable under that section, by reason of a notice registered under section 132(1), which has not been paid shall cease to be recoverable.
Section 309 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.
In section 310 (sums recoverable from acquiring authorities reckonable for purposes of grant) “or 309” is omitted.
In section 311(1)(b) (expenses of government departments) “or V” is omitted.
Section 312 (payments under s. 59 of 1947 Act and Parts I and V of 1954 Act) is omitted.
In section 313 (general provision as to receipts of Secretary of State) “Without prejudice to section 312, and” is omitted.
In section 315(2) (power to modify Act in relation to minerals) the words from “and in relation” to “in respect of such land” are omitted.
In section 318(5) (ecclesiastical property) for “112, 133 or 327” there is substituted “ or 112 ”.
In section 324 (rights of entry) subsection (4) is omitted.
Section 326 (assumptions as to planning permission in determining value of interests in land) is omitted.
Section 327 (recovery on subsequent development of payments in respect of war-damaged land) is omitted.
In section 328(1) (settled land, etc.) for “112, 133 or 327” there is substituted “ or 112 ”.
In section 336(1) (interpretation) the definitions of “new development” and “previous apportionment” are omitted.
In Schedule 1 (distribution of functions) in paragraph 16(1) “114” is omitted.
In Schedule 3 (existing use development, etc.), paragraphs 3 to 8, 11 and 14 are omitted. In paragraph 10(2) of that Schedule for “paragraphs 1 and 3” there is substituted “ paragraph 1 ”. This paragraph does not apply for the purposes of sections 111 and 138.
In Schedule 16 (provisions referred to in sections 314 to 319)—
in Part I for the entry relating to sections 114 and 115 there is substituted— “ Section 115 ”,
in Parts III and VI, the entries relating to Schedule 12 are omitted.
In section 30 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (local planning authorities for compensation purposes), in subsection (1), paragraph (a) is omitted. In subsection (2) of that section “27,” is omitted.
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In section 32(4) of that Act (purchase notices) for “new development” there is substituted “ development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act) ”.
In section 49 of that Act (compensation on compulsory acquisition of building) the words from “other than” to the end are omitted.
In section 88(4) of that Act (rights of entry) “27,” is omitted.
In section 90 of that Act (financial provisions), in subsection (2) for “27” there is substituted “ 28 ”. In subsection (7)(a) of that section for “27 to” there is substituted “ 28 or ”.
In section 91(2) of that Act (interpretation) “new development” is omitted.
The saving made by paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings) shall cease to have effect in relation to any right to or claim for or any liability in respect of any payment—
under a scheme made under section 59 of the Town and Country Planning Act 1947;
under any provision of Part I or V of the Town and Country Planning Act 1954.
Section 32.
In section 2(3) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words from “it was determined” to the end there is substituted “ a certificate was issued under section 192 of the Town and Country Planning Act 1990 that the operations would be lawful. ”
In Part III of Schedule 12A to the Local Government Act 1972, in the definition of “protected informant”, for “172(3)” there is substituted “ 171A ”.
In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976 paragraph (a)(iii) is omitted.
In section 33(4) of the Rent (Agriculture) Act 1976 for the words from “section 63(2)(b)” to the end there is substituted “ section 73A of the Town and Country Planning Act 1990 ”.
In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the principal Act there listed: 171C, 173A, 187A, 187B, 196A to 196C and 324(1)(b) and (c) and (7).
and which is neither executed for the purpose of facilitating nor connected with the development of the land in question.
In section 67(3A) of the Housing Act 1988 after “104” there is inserted “ 171C, 171D ”.
The principal Act is amended as follows.
In section 5(1) for “300 and 324(1)(b) and (c) and (7)” there is substituted “ and 300 ”. In section 5(3)—
In section 56, in subsection (3) after “87(4)” there is inserted “ 89 ”. In subsection (4) of that section after paragraph (a) there is inserted—.
Section 63 is omitted.
Section 64 is omitted.
In section 69— are omitted.
in subsection (1) “made to that authority”, and
in subsection (3) “made to the authority”,
In section 70(3) for “sections 65, 66 and 67” there is substituted “ section 65 ”.
“prescribed” means prescribed by a development order
After section 73 there is inserted—
In section 74(2) “section 71 of this Act and” is omitted.
In section 77(4) for “65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71 ”.
In section 79(4) for “66, 67, 70, 71(2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71 ”.
In section 91(4)(b), for the words from “granted” to the end there is substituted “ granted for development carried out before the grant of that permission ”.
In section 102, for subsections (4) and (5) there is substituted—
In section 174(6) “in writing” is omitted.
For section 176(1) and (2) there is substituted—
In section 177(1)— For section 177(3) there is substituted— In section 177(5) for “for the development to which the notice relates” there is substituted “ in respect of the matters stated in the enforcement notice as constituting a breach of planning control ”.
In section 178(2) “(as defined in section 172(3))” is omitted.
For section 180 there is substituted—
In section 181—
in subsections (1)(a), (4)(b) and (5)(b) for “demolition”, in each place where it occurs, there is substituted “ removal ”;
in subsections (3), (4) and (5) for “demolished”, in each place where it occurs, there is substituted “ removed ”; and
in subsection (5)(b) for “any of the provisions of section 179(1) to (5)” there is substituted “ section 179(2) ”.
In section 184—
in subsection (4)(b) for “compliance period” there is substituted “ period for compliance with the enforcement notice ”;
in subsection (5) for the words from “included” to the end there is substituted “ relevant activities ”;
in subsection (8) for “172(6)” there is substituted “ 172 ”.
In section 186—
in subsection (1)(b) for the words from “matters” to the end there is substituted “ any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity ”; and
in subsection (1)(c) the words from “or for its retention” to “granted” are omitted;
in subsection (2) for the words from “so much” to the end there is substituted “ the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ”.
In section 188—
after subsection (1)(b) there is insertedand , and the “and” immediately preceding paragraph (b) is omitted;
in subsection (2)(a) for “or stop notice” there is substituted “ stop notice or breach of condition notice ”, and
in subsection (2)(b) after “stop notices” there is inserted “ and breach of condition notices ”.
Section 190(4) is omitted.
In section 195—
in subsection (1) for “an established use certificate” there is substituted “ a certificate under section 191 or 192 ”,
in subsection (2) for “an established use certificate” there is substituted “ a certificate under section 191 or, as the case may be, 192 ”, and
for subsection (4) there is substituted—
In section 196—
in subsection (1) “an application referred to him under section 192(5) or” is omitted and for “applicant or appellant (as the case may be)” there is substituted “ appellant ”,
in subsection (2) for “an established use certificate on such a reference or” there is substituted “ a certificate under section 191 or 192 on ”,
in subsection (3) “application or” is omitted,
in subsection (4) for “established use certificates” there is substituted “ certificates under section 191 or 192 ”, and
subsections (5) to (7) are omitted.
In section 198(4)(a) “to 68” is omitted.
In section 216(6) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.
Section 219(6) is omitted.
In section 220(3)(a) “to 68” is omitted.
In section 224(3) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.
Section 250(2) is omitted.
Section 266(3) is omitted.
In section 284(3)(g) the words from “on an application” to “or” are omitted.
In section 285—
in subsection (1) “Subject to the provisions of this section” is omitted;
in subsection (2) “(6) to (8)” is omitted; and
subsections (5) and (6) are omitted.
In section 286—
in subsection (1), paragraph (b) is omitted and in paragraph (c) for “an established use certificate under section 192” there is substituted “ a certificate under section 191 or 192 ”, and
in subsection (2), after “183” there is inserted “ or a breach of condition notice under section 187A ”.
Section 290 is omitted.
In section 296, in subsection (1)(c) after “VII” there is inserted “ except sections 196A and 196B ”. In subsection (2)(a) of that section for “172” there is substituted “ 171C, 172, 173A, 183, 187A, 187B ”.
Section 299 is amended as follows. In subsection (1) for “determination under section 64” there is substituted “ certificate under section 192 ”. In subsection (2) for “or determination” there is substituted “ or certificate ”. For subsection (4) there is substituted— In subsection (5)(a) for “determinations” there is substituted “ certificates ”. In subsection (6) for “determination” there is substituted “ certificate ”.
In section 306(2)(b) and (3) after “VII”, in both places where it occurs, there is inserted “ except sections 196A and 196B ”.
After section 316 there is inserted—
For section 319 there is substituted—
Section 325 is amended as follows. In subsection (1)(a) after “authority” there is inserted “ and state the purpose of his entry ”. In subsection (2), for “level 2” there is substituted “ level 3 ”. In subsection (4), for “premises” there is substituted “ land ”.
At the end of section 329 there is inserted—
Section 336 is amended as follows. In subsection (1)— In subsection (9) for “in Part V of Schedule 16” there is substituted “ of Parts III, VII and VIII ” and “(1) to (3)” is omitted. In subsection (10) for “sections 324(2) and” there is substituted “ section ”.
Schedule 1 is amended as follows. For paragraph 3(1)(b) and (c) there is substituted—. In paragraph 4(2) for “such application relating” there is substituted “ application for planning permission, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case ”. In paragraph 7(1) for “sections 70 and 71” there is substituted “ section 70 ”. For paragraph 8 there is substituted— In paragraph 11(1)(b), after “serving” there is inserted “ planning contravention notices under section 171C or ” and after “section 183” there is inserted “ or breach of condition notices under section 187A ”. After paragraph 12 there is inserted—. In paragraph 20, in sub-paragraph (1), for “100(3), 104(3) or 202(1)” there is substituted “ 100(3), 104(3), 196A(3), 202(1) or 214B(6) ”. For sub-paragraph (3) of that paragraph there is substituted—
Schedule 6 is amended as follows. In paragraph 1(1), after “78” there is inserted “ 106B ”. In paragraph 2— In paragraphs 3(2) and 4(2) after “under” there is inserted “ any provision of a development order made by virtue of ”.
In Schedule 8, in paragraphs 3(2) and 4(5)(a) for “section 71(1) or (2)” there is substituted “ any provision of a development order made by virtue of section 71(2)(a) ”.
In Schedule 13, in paragraph 5, for “functions of a government department, local authority or statutory undertakers” there is substituted “ such functions as are mentioned in paragraph 1(a)(i) or (ii). ”
Schedule 16 is amended as follows. In Part I— In Part II— In Part III— Parts IV and V are omitted. In Part VI—
In section 59(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.
For section 67(8) of that Act there is substituted—
For section 73(2) of that Act there is substituted—
For paragraph 3 of Schedule 4 to that Act (distribution of functions: National Parks) there is substituted—
The 1972 Act is amended as follows.
In section 27A (aftercare conditions on permission for winning and working of minerals)—
in subsection (1) after “minerals" there is inserted “ or involving the depositing of refuse or waste materials ”;
in subsection (2) for “operations for the winning and working of minerals have been completed" there is substituted “ the winning and working is completed or the depositing has ceased ”; and
in subsection (18) for the words from “carried out" to “under the land" there is substituted “ won and worked minerals or deposited refuse or waste materials ”.
In section 38(3) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (bb) there is substituted—.
In section 41A (limit of duration of planning permission for winning and working of minerals), in subsection (1) for “consisting of the winning and working of minerals" there is substituted— . In subsections (2), (3) and (5) of that section for “development", in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”. In subsections (6) and (7) of that section the words “consisting of the winning and working of minerals" in both places where they occur, are omitted.
Section 49 (discontinuance orders, etc.) is amended as follows. In subsection (1A), after “minerals" there is inserted “ or involving the deposit of refuse or waste materials ”. In subsection (1B), for “of minerals" there is substituted “ or depositing ”. In subsection (1C), after “minerals" there is inserted “ or involving the deposit of refuse or waste materials ”. For subsection (1E) there is substituted—. In subsection (1F), for the words from “before" to “under it" there is substituted “ before the development began ”. In subsection (7) at the beginning there is inserted “ Subject to subsection (7A) of this section, ”. After subsection (7) there is inserted—.
For subsections (1) to (3) of section 49A (prohibition of resumption of winning and working of minerals) there is substituted— At the end of subsection (11) of that section there is inserted “ or involving the depositing of mineral waste ”.
For subsections (1) to (3) of section 49B (orders after suspension of winning and working of minerals) there is substituted—.
In section 49F (resumption of winning and working of minerals after suspension order)—
in subsection (1), for “in, on or under the land" there is substituted “ or involving the depositing of mineral waste at the site ”;
in subsection (2) for “development consisting of the winning and working of minerals" there is substituted “ the development ”;
for subsection (3) there is substituted—;
for subsection (7) there is substituted—
In sections 100(1)(b) (enforcement of orders under sections 49, 49A and 49B) and 251(1) (power to modify Act in relation to minerals) after “minerals" there is inserted “ or involving the depositing of mineral waste ”.
Sections 153A, 159A and 159B are omitted.
For section 167A there is substituted—.
Sections 167B and 167C are omitted.
In section 251(1A) (power to modify Act in relation to minerals) the definition of “development consisting of the winning and working of minerals" is omitted.
For section 251A (duty of planning authorities to review mineral workings) there is substituted—
In section 275(1) (interpretation)—
“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;
the definition of “development consisting of the winning and working of minerals" is omitted;
the definition of “mineral compensation modifications" is omitted;
in the definition of “minerals" for “minerals and substances in or under land" there is substituted “ substances ”;
the definitions of “relevant order", “restrictions on the winning and working of minerals" and “special consultations" are omitted; and
“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.
The following Schedule shall be inserted as Schedule 10A to the 1972 Act— .
The 1972 Act is amended as follows.
For section 53(5) (offences: penalties) there is substituted—
In section 56L(4) (offences)—
for “the statutory maximum" there is substituted “ £20,000 ”; and
for the words following paragraph (b) there is substituted—
In section 92, (power to serve listed buildings enforcement notice)—
subsection (1)(c) is omitted; and
for subsection (4) there is substituted—
For section 92(5) of that Act (withdrawal of notices) there is substituted—.
Section 93 (appeals) is amended as follows. In subsection (1)— For subsection (2) of that section there is substituted— In subsection (4) (power to correct notice on appeal), for paragraph (a) there is substituted— In subsection (5), the words “or for varying the terms of the notice in favour of the appellant" are omitted.
For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted—
In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted—
In section 97B (power to issue hazardous substances contravention notice)—
After section 97A there is inserted—
After section 97B there is inserted—
In section 265 (rights of entry)—
in subsection (2), for “thereon" there is substituted “ on that or any other land ”; and
in subsection (3), for “the land" there is substituted “ that or any other land ”.
In Part I of Schedule 30 to the Local Government, Planning and Land Act 1980, the following is inserted at the appropriate place among the provisions there listed: 97AB.
In Schedule 6A to the 1972 Act (simplified planning zones) for paragraphs 5 and 6 there is substituted—
For paragraph 7(1) to (3) (objections: local inquiry or other hearing) there is substituted— For paragraph 10(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—
Schedule 6A to the 1972 Act is amended as follows.
At the end of paragraph 4(1) there is added “ and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”
In paragraph 7(4) for “to hold a local inquiry or other hearing" there is substituted “ for the purposes of this paragraph ”.
For paragraph 8(1) there is substituted—.
In paragraph 9(2)(a) after “hearing" there is inserted “ or any consideration of objections ”.
For paragraph 11(1) there is substituted—
In paragraph 12(2)—
after paragraph (b) there is inserted— and
in paragraph (e) the words from “for the purpose" to “5(3)" are omitted.
Section 60.
In section 23 of the Land Compensation (Scotland) Act 1963 (assumptions not directly derived from development plans)— This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.
for subsection (3) there is substituted—; and
in subsection (4), paragraphs (a) and (b) are omitted.
In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.
In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (a) is omitted.
In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts VII and XII of the Town and Country Planning (Scotland) Act 1972” there is substituted “ Part XII of the Town and Country Planning (Scotland) Act 1972 ”.
In section 5 of the Land Compensation (Scotland) Act 1973 (assessment of compensation: assumptions as to planning permission)— This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation (Scotland) Act 1973 fell or falls on or after 16th November 1990.
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for subsection (3) there is substituted—;
in subsection (5), the words from “and subsection (5)” to the end are omitted;
after subsection (5) there is inserted—; and
in subsection (6), “and in section 156 of this Act” is omitted.
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subsection (1) is omitted;
in subsection (2), for “section 148 of this Act, as applied by subsection (1) of this section” there is substituted “section 156A of this Act”;
in subsection (3)—
paragraph (a) is omitted; and
in the proviso, “paragraph (a) or” is omitted; and
subsection (4) is omitted.
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in subsection (2), for the words from “no account shall be taken” to the end there is substituted “no account shall be taken of any prospective development other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act.”; and
subsection (3) is omitted.
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in subsection (2), for “existing use value” there is substituted “Schedule 6 value”; and
“Schedule 6 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—
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in subsection (1), for “147(5)” there is substituted “155(5A)”; and
in subsection (2), the words from “subsection (4)” to “applied by” are omitted.
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paragraphs 3 to 9 and 12 are omitted; and
This paragraph does not apply for the purposes of sections 157 and 169 of this Act.
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In section 53(1)(a) of the Civil Aviation Act 1982 “158,” is omitted.
In section 61(1)(a) of the Airports Act 1986 “158,” is omitted.
Section 61.
For section 4 (application to Scotland) of the Agricultural Land (Removal of Surface Soil) Act 1953 there is substituted—.
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in subsection (1) before the words “a development order” there is inserted “regulations under this Act or”;
at the end there is inserted—
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in subsection (1)—
the words “Subject to the provisions of section 26(2) to (5) of this Act,” are omitted;
before the words “a development order” there is inserted “regulations under this Act or”; and
for the words “the order”, in each place where they occur, there is substituted “such regulations or the order”; and
in subsection (2) of that section, before the words “a development order” there is inserted “regulations under this Act or”.
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for the words “A development order” in both places where they occur, there is substituted “Regulations under this Act or a development order”;
for the words “the order” in both places where they occur, there is substituted “such regulations or the order”; and
for the words “by a development order”, in both places where they occur, there is substituted “by such regulations or the order”.
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for the words from “23” to “28A” there is substituted “26(1) to (3A), 27(1), 27A, 28A and 29”; and
at the end there is inserted “and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act.”.
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in subsection (2), before the words “a development order” there is inserted “regulations under this Act or”;
in subsection (5)—
“23, 24” is omitted;
for “26(1) and (3)” there is substituted “26(1) to (3A)”;
for “and 27A” there is substituted “, 27A and 29”; and
at the end there is inserted “and regulations under this Act or a development order may apply, with or without modifications, to such an appeal any requirements imposed by regulations or such an order by virtue of section 23 or 24 of this Act”; and
in subsection (7)—
for the words “and of the development order” there is substituted “, any regulations made under this Act in that regard and of any development order”; and
for the words “under that order” there is substituted “under such regulations or such order”.
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in subsection (2B)(d) for the words from “being” to “situated” there is substituted “to such persons as may be specified”;
in subsection (4)—
for paragraph (a) there is substituted—; and
in paragraph (b) for “84(5)” there is substituted “84(2)”; and
in subsection (5)—
“or for varying the terms of the notice in favour of the appellant” is omitted; and
for paragraphs (a) to (b) there is substituted—
after subsection (5) there is inserted—;
in subsection (6), for the words from “and any planning permission” to the end there is substituted—;
in subsection (7), for “for the development to which the notice relates” there is substituted “in respect of the matters stated in the enforcement notice as constituting a breach of planning control”; and
subsection (11) is omitted.
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in subsection (4)(c), for “84(7)(c)” there is substituted “84AA(7)”;
in subsection (5), for the words “activity prohibited by the stop notice” there is substituted “relevant activity”;(c) in subsection (6) for the words “activities which constitute or involve the breach of planning control alleged” there is substituted “the relevant activity specified”; and
in subsection (9), for “84(5)” there is substituted “84”.
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in subsection (1), for “demolition” there is substituted “removal”; and
in subsections (3) and (4) for “demolished” in each place where it occurs there is substituted “removed”.
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for “an established use certificate” in subsection (2) there is substituted “a certificate under section 90 or 90A”;
subsections (3) and (5) are omitted; and
at the end there is inserted—
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the words “this Part of”, in both places where they occur, are omitted; and
at the end there is inserted—
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for the words “in any of the circumstances mentioned in subsection (2) of this section” there is substituted “subject to the provisions of this section,”; and
at the end there is inserted “or, in a case to which subsection (2)(b) of this section applies, the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities”.
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for paragraphs (a) and (b) there is substituted— and
in paragraph (c) the words from “or for its retention” to “granted” are omitted.
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in subsection (1)(b)—
“58 or” is omitted; and
for the words “either of those sections” there is substituted “section 61”;
in subsection (1)(c)—
after “Part IV” there is inserted “other than sections 58 to 60”; and
for the words “Part V” there is substituted “sections 92 to 97BC and 101”;
subsection (2A)(a) is omitted;
in subsection (4)(b), “or 99” is omitted;
in subsection (5) “Part VII of” is omitted; and
in subsection (6) after “other than section” where it first occurs there is inserted “163 or”.
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in subsection (1) after “authority” there is inserted “and state the purpose of his entry”;
in subsection (3) for “premises” there is substituted “land”.
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Section 66.
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Section 70.
In section 5 of the Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.
After section 10 of the Land Compensation Act 1961 there is inserted—
In section 3 of the Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after “money” there is inserted “ or money’s worth ”.
In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for “in his tenancy by severing the” there is substituted “ by severing ”.
After section 20 of the Land Compensation Act 1973 there is inserted— This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the Land Compensation Act 1973 fell more than twelve months before the date on which this paragraph comes into force.
Section 34 of the Land Compensation Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows. For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—. In subsection (2) (interests qualifying for compensation) for the words following “tenancy” there is substituted “ where his interest is as tenant for a year or from year to year or a greater interest, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify ”. After that subsection there is inserted— At the end of subsection (3)(a) (meaning of displacement) there is added “ or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority ”. Subsection (6) is omitted.
At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990). ”
In section 6(4) of the Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.
In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of “owner” there is inserted “ and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative ”.
At the end of section 16(1) of, and paragraph 3(1) of Schedule 3 to, the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase if objection made and no certificate given) there is added “ and the representation is not withdrawn. ” For section 31(2) and (3) of that Act (acquisition under certain enactments without a certificate) there is substituted—
In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before “the Land Authority for Wales” there is inserted “ an urban development corporation ”.
In section 19 of the Acquisition of Land Act 1981 (compulsory acquisition of commons, etc., to be subject to special parliamentary procedure, with exceptions)— In paragraph 6 of Schedule 3 to that Act—
In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after “interest” there is inserted “ or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable ”.
In Schedule 13 to that Act (blighted land) for paragraph 16 there is substituted— In paragraph 18 of that Schedule for “trunk road or special road” there is substituted “ highway ”.
In ... the Land Compensation Act 1961 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 17 of that Act—
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subsection (8) is omitted.
In section 19(1) of that Act for “in the circumstances mentioned in subsection (1) of section 17 of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.
Section 22(3) of that Act is omitted.
In section 31 of the Compulsory Purchase Act 1965—
after “but” there is inserted “ in the case of land which is not diocesan glebe land ”,
for “to be applied” there is substituted “ and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied ”, and
at the end of that section there is added— “ In this section “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976. ”
In section 13 of the Land Compensation Act 1973—
and (in either case) shall
at the end of subsection (2) there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.
In section 26 of that Act—
in subsection (2) for “of the kind mentioned in section 22(2) above” there is substituted “ a qualifying interest ”, and
in subsection (5) for “and (2)” there is substituted “ (2) and (2A) ”.
Section 29 of that Act is amended as follows. In subsection (1)— In subsection (3A) the words from “of the service” to “(1)(b) above” are omitted. In subsection (4)—
In section 32(7B) of that Act for “the person giving up possession” there is substituted “ any person giving up possession or occupation ”.
In section 52 of that Act—
in subsection (9) after “the amount of the advance payment” there is inserted “ together with any amount paid under section 52A ”, and
in subsection (10) the words following “unpaid” are omitted.
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In section 246(2) of the Highways Act 1980, for the words following paragraph (b) there is substituted “ if the interest of the vendor is a qualifying interest ”.
At the end of section 12(3) of, and paragraph 3(3) of Schedule 1 to, the Acquisition of Land Act 1981 there is added “ or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976 ”.
Section 20 of, and paragraph 7 of Schedule 3 to, that Act are repealed.
In section 231 of the principal Act the words from “for a purpose” to “is situated” are omitted.
and shall (in either case) In subsection (4)(b) of that section for “(3)(b)” there is substituted “ (3) ”. At the end of section 318(6) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.
and shall (in either case). At the end of section 86(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.
and shall (in either case). At the end of section 34(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.
Section 77.
After section 30 of the Land Compensation (Scotland) Act 1963 there is inserted—
After Schedule 2 to that Act there is inserted—
Section 79.
In section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation to be made to tenants for a year etc.), for “in his tenancy by the severing of the” there is substituted “ by severing ”.
In paragraph 10 (protection of land held by statutory undertakers) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, before “the compulsory purchase order” there is inserted “ and, if the representation is not withdrawn, ”.
In paragraph 11 of that Schedule (purchase of open space)—
in sub-paragraph (2), after “shall” there is inserted “ direct the acquiring authority to ”; and
after that sub-paragraph there is inserted—.
In paragraph 19(4) of that Schedule (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.
In section 12 of the Land Compensation (Scotland) Act 1963 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.
After section 17 of the Land Compensation (Scotland) Act 1963 there is inserted—.
In section 22(1) of the Land Compensation (Scotland) Act 1963 after “shall” there is inserted “ (subject to subsection (3A) of this section) ”. In section 22(3) of that Act, for the words from “but” to the end there is substituted—
In section 25 of that Act—
for the words from the beginning of subsection (2) to “acquire it” there is substituted “ If the authority proposing to acquire the interest ”, and
subsection (8) is omitted.
In section 27(1) of that Act for “in the circumstances mentioned in section 25(1) of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.
Section 30(3) of that Act is omitted.
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After section 18 of the Land Compensation (Scotland) Act 1973 there is inserted— This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the Land Compensation (Scotland) Act 1973 fell more than twelve months before the date on which this paragraph comes into force.
Section 31 of the Land Compensation (Scotland) Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows. For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—. In subsection (2) (interests qualifying for compensation)— After that subsection there is inserted— At the end of subsection (3)(a) (meaning of displacement) there is added “ or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority ”. Subsection (6) is omitted.
At the end of section 55(7) of the Land Compensation (Scotland) Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 253(7) of the Town and Country Planning (Scotland) Act 1972). ”
In section 28 (power to prescribe matters relevant to Part IV) of the Land Compensation (Scotland) Act 1963, for the words “The provisions which may be made by a development order shall” there are substituted the words “ Regulations made under section 273(1)(c) of the Town and Country Planning (Scotland) Act 1972 or a development order may ”.
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In section 24 (acquisition of land in connection with public works) of the Land Compensation (Scotland) Act 1973—
in subsection (2) for the word “vendor” there shall be substituted the word “ seller ”, and
in subsection (5), for “and (2)” there is substituted “ (2) and (2A) ”.
Section 27 of that Act is amended as follows. In subsection (1)— In subsection (4), for paragraph (b) there is substituted—.
In section 48 (right to advance payment of compensation) of that Act—
in subsection (8), after “the amount of the advance payment” there is inserted “ together with any amount paid under section 48A ”, and
in subsection (9), the words following “unpaid” are omitted.
After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted—.
Section 80.
(1) (2) Enactment Date from which interest payable Enactments extending to Great Britain Section 10(4)(a) of the Forestry Act 1967 Date of claim for compensation Section 18(1)(a) of the Reservoirs Act 1975 Date of entry on the land Section 18(1)(b) of that Act Date of claim for disturbance Section 7 of the Ancient Monuments and Archaeological Areas Act 1979 Date of the refusal, or grant subject to conditions, of scheduled monument consent Section 9 of that Act Date works ceased to be authorised Section 46 of that Act Date of entry on the land Section 35A(4) of the Environmental Protection Act 1990 In the case of so much of the compensation as is payable under section 35A– (a)by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation; (b)by virtue of paragraph (c), (d) or (e) of that regulation: the date on which the loss is sustained or the damage is done; or where injurious affection is sustained: the date of the injurious affection; (c)by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable. Section 78G(5) of that Act In the case of so much of the compensation as is payable under section 78G– (a)by virtue of paragraph 4(a) or (b) of Schedule 2 (compensation for rights of entry etc.) to the Contaminated Land (England) Regulations 2000, the date of the depreciation; (b)by virtue of paragraph 4(c), (d) or (e) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection; (c) by virtue of paragraph 5(6) of that Schedule, the date on which the expenses become payable. Enactments extending to England and Wales Section 31(3) or (3A) of the Land Compensation Act 1961 Date of withdrawal of notice to treat Section 11(3) of the Compulsory Purchase Act 1965 Date of entry on the land . . . . . . . . . . . . . . . . . . Section 23 of the Highways Act 1980 Date which would be the date from which interest is payable if the works were executed under Part V by a highway authority Section 28(1) of that Act Date of claim Section 73(9) of that Act Date of claim Section 74(8) of that Act Date of claim Section 77(2) of that Act In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Section 79(11) of that Act In the case of loss, the date of the notice; and in the case of injurious affection, the date of claim Section 79(12) of that Act Date of service of the notice Section 126(2) of that Act Date of claim Section 231 of that Act In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Section 292(1) of that Act In the case of damage, the date of entry; in the case of disturbance, the date of claim Section 57 of the Public Health (Control of Disease) Act 1984 In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Section 106 of the Building Act 1984 In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 107(1) of the principal Act Date of order under section 97 Section 107(1) of that Act as applied by section 108(1) Date planning permission is refused or granted subject to conditions Section 115 of that Act Date damage suffered or expenses incurred Section 144(2) of that Act Date of direction under section 141(3) Section 186 of that Act Date of service of stop notice Section 202E of that Act Date— any consent required by tree preservation regulations is refused, any such consent is granted subject to conditions, or any approval required under such a condition is refused. . . . . . . . . . . . . Section 223 of that Act Date expenses incurred Section 250 of that Act Date of order under section 249(2) Section 279(1) of that Act Date of decision made in accordance with section 266 or of order under section 97 Section 279(2) of that Act Date right extinguished or requirement imposed Section 28 of Planning (Listed Buildings and Conservation Areas) Act 1990 Date of order under section 23 . . . . . . Section 16 of the Planning (Hazardous Substances) Act 1990 Date of order under section 14(1) Section 19 of that Act Date of modification or revocation of hazardous substances consent Section 161B of the Water Resources Act 1991 In the case of so much of the compensation as is payable under section 161B– (a)by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works Regulations 1999 (compensation following grant of rights), the date of the depreciation; (b)by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage done; or where injurious affection is sustained, the date of the injurious affection; (c)by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable. Paragraph 1 of Schedule 9 to the Water Resources Act 1991 Date of entry upon or occupation or use of land Paragraph 2(2) or (3) of that Schedule Date of the ordinary drought order or the drought permit Paragraph 2(4) of that Schedule Date of decision to prohibit or limit the taking of water Paragraph 2(5) of that Schedule Date of suspension or variation of consent to make discharges or of the attachment of conditions to such consent Paragraph 2(1) of Schedule 21 to that Act Date of claim Paragraph 2(2) or (3) of that Schedule In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Paragraph 4(1)(b) of that Schedule Date loss is caused or damage done Paragraph 5(1) of that Schedule (including that provision as applied by paragraph 5(3)(b) of that Schedule) Date of claim Paragraph 2(1) of Schedule 12 to the Water Industry Act 1991 Date of claim Paragraph 2(2) or (3) of that Schedule In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Paragraph 6(1)(b) of that Schedule Date loss is caused or damage done Section 14 of the Land Drainage Act 1991 (including that provision as applied by section 25(4)(b)) Date of claim Section 22 of that Act Date of claim Section 29(5) of that Act (including that provision as applied by sections 30(3) and 31(5)) Date of claim Section 8 of the Historic Environment (Wales) Act 2023 Date interim protection takes effect Section 21 of that Act Date scheduled monument consent is refused or granted subject to conditions Section 24 of that Act Date works ceased to be authorised Section 28 of that Act Date notice of proposed termination is served Section 34 of that Act Date temporary stop notice takes effect Section 70 of that Act Date damage is caused Section 80 of that Act Date interim protection takes effect Section 86 of that Act Date temporary listing notice is served Section 108 of that Act Date modification or revocation of consent takes effect Section 116 of that Act Date termination of agreement or provision takes effect Section 122 of that Act Date temporary stop notice takes effect Section 142(4) of that Act Date right is extinguished or apparatus is transferred Section 155(4) of that Act Date damage is caused Enactments extending to Scotland Section 2 of the Land Drainage (Scotland) Act 1930 Date loss is caused or damage done Section 1 of the Land Drainage (Scotland) Act 1941 Date of injury or damage Section 4 of the Land Drainage (Scotland) Act 1958 Date damage is suffered Section 39(3) of the Land Compensation (Scotland) Act 1963 Date of withdrawal of notice to treat Section 46B of the Control of Pollution Act 1974 In the case of so much of the compensation as is payable under section 46B– by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works (Scotland) Regulations 2003 (loss and damage for which compensation payable), the date of the depreciation; by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection; by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable Section 76 of the Town and Country Planning (Scotland) Act 1997 Date of order under section 65 Section 77 of that Act Date permission is refused or granted subject to conditions Section 83 of that Act Date damage suffered or expenses incurred Section 95 of that Act Date of direction under section 92(3) Section 143 of that Act Date of service of stop notice Section 165 of that Act Date consent required by tree preservation order is refused or granted subject to conditions Section 166 of that Act Date requirement is imposed by planning authority or Secretary of State Section 185 of that Act Date expenses incurred Section 204(1) of that Act Date on which order takes effect Section 232 of that Act Date planning permission refused or granted subject to conditions Paragraph 1 of Schedule 13 to that Act Date order made Section 25 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Date of order under section 21 Section 26 of that Act Date building preservation notice served Section 14 of the Planning (Hazardous Substances) (Scotland) Act 1997 Date of order revoking or modifying consent Section 17 of that Act Date of modification or revocation of consent Section 10 of the Water (Scotland) Act 1980 Date damage sustained Schedule 6 to that Act Date source or land is affected or injury is sustained Section 71 of the Roads (Scotland) Act 1984 Date access stopped up or limited Section 72 of that Act Date access stopped up Section 83(8) of that Act As regards expenses, date expenses incurred; as regards injurious effect, date injury sustained Section 88(2) of that Act Date on which damage sustained Section 106 of that Act As regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made. Section 116 of that Act Date on which damage sustained Section 121 of that Act Date on which damage done or materials removed Section 140 of that Act Date of damage or disturbance
The following provisions of the Compulsory Purchase Act 1965— section 5 (notice to treat ceasing to have effect), and section 11(1) (entry on land under compulsory purchase powers).
Rule 32 of the Lands Tribunal Rules 1996 (awards with interest by Lands Chamber of the Upper Tribunal).
Sections 84 to 86 of the Lands Clauses Consolidation (Scotland) Act 1845.
The following provisions of the Land Compensation (Scotland) Act 1973— section 16 (interest on compensation), section 33(6) (supplementary provisions about farm loss payments), section 34(5) (disturbance payments for people without compensatable interests), section 59 (interest on compensation for injurious affection where no land taken).
Section 84.
Chapter Short title Extent of repeal 1976 c. 57. Local Government (Miscellaneous Provisions) Act 1976. In section 7(5) paragraph (a)(iii). 1990 c. 8. Town and Country Planning Act 1990. In section 12(4)(a), “other” (in the second place where it occurs) and “or for any description of development or other use of such land”. Section 14(3). In section 21(2) “Subject to section 22”. Section 22. Section 23(2) to (4), (9) and (10). In section 49 “repeal”. In section 50, in subsection (1) “for the repeal and”, subsections (2) and (3), in subsections (4) and (5) “repeal and”, in subsection (6) “repeal”, in paragraph (a) the words from the beginning to “except that”, “or 40(2)(a)” and “or 40(3)” and in paragraph (b) “and they may do so as respects any part of their area to which the proposals relate” and in subsection (8) “repeal” and “in accordance with the provisions of the relevant local plan scheme”. In section 51(1) “repeal” (in both places). Section 52(2) and (3). In section 53, in subsections (1) and (2)(b) “repeal”, in subsection (2)(g) “repealing” and subsection (5). Section 55(6). Section 63. Section 64. In section 69, in subsection (1) “made to that authority” and in subsection (3) “made to the authority”. In section 74(2) “section 71 of this Act and”. In section 97(5) the words from “and Part II of Schedule 5” to the end. In section 176(4) “in writing”. In section 178(2) “(as defined in section 172(3))”. In section 186(1)(c) the words from “or for its retention” to “granted”. In section 188(1) the “and” immediately preceding paragraph (b). Section 190(4). In section 196 “an application referred to him under section 192(5) or” (in subsection (1)), and “an application or” (in subsection (3)), and subsections (5) to (7). In section 198(4)(a) “to 68”. In section 210, in subsection (3) “on indictment” and subsection (5). Section 219(6). In section 220(3)(a) “to 68”. Section 221(7) to (9). Section 250(2). Section 266(3). In section 284, in subsection (1)(a) “repeal” (in both places) and in subsection (3)(g) the words from “on an application” to “or”. In section 285, in subsection (1) “Subject to the provisions of this section”, in subsection (2) “(6) to (8)” and subsections (5) and (6). Section 286(1)(b). In section 287(1), (2), (3) and (5) “repeal” in each place where it occurs. Section 290. In section 306(2) “repeal”. In section 324, in subsection (1)(b) “198 to 200”, in subsection (1)(c) “Part VII” and subsection (2). In section 336(1), the definitions of “development consisting of the winning and working of minerals”, “established use certificate” and “mineral compensation modifications”, in the definition of “owner” the words “(except in sections 66, 67 and 71)”, in the definition of “planning permission” the words from “and in construing” to the end, the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” and in section 336(9) “(1) to (3)”. In Schedule 1, paragraphs 1(2), 3(3) to (6), 4(1) and 9(2) and (3). In Schedule 2, in Part I paragraphs 3, 5 and 6, and in Part II paragraphs 3 to 16 and 18. In Schedule 5, in paragraph 1(6) “consisting of the winning and working of minerals”. In Schedule 6, in paragraph 2, in sub-paragraph (1)(c) “and subsection (5) of section 196” and in sub-paragraph (8) “or 290”. In Schedule 7, in paragraph 13(2)(e) the words from “for the purpose” to “6(2)”. Schedule 11. In Schedule 13, Notes (2) and (5) to paragraph 2, in Note (3) to paragraph 2 “also”, in Note (1)(b) to paragraph 3 “or under section 22”, in Note (2) to paragraph 3 “13(7) or”, in Note (1)(b) to paragraph 4 “or under section 22” and in Note (2) to paragraph 4 “13(7) or”. In Schedule 16, in Part I, in the entry relating to section 77 “(2) and (9), 66 and 67”, in the entry relating to sections 78 and 79 the words from “with” to the end and in the entry relating to section 285 “except subsections (5) and (6)”; and in Part III, the entries relating to sections 312(2) and 324(4); and Parts IV and V. 1990 c. 9. Planning (Listed Buildings and Conservation Areas) Act 1990. In section 9(5) “on indictment”. In section 38(2) “within such period as may be so specified”. In section 39(7) “in writing”. Section 42(7). Section 55(6). In section 88(6) “or the presence of minerals in it”. In section 90(6)(b) “and 42(6)”. In section 92(2)(b) “and 42(6)”. 1990 c. 10. Planning (Hazardous Substances) Act 1990. In section 25(1)(c) “(1) to (5) and (7)”. In section 36(5) “Subject to subsection (6)”. 1990 c. 11. Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraphs 3(2), 35(1)(b) and 38. In Schedule 4, in paragraph 1, in the Table the entry relating to section 9(4) of the 1971 Act and paragraph 2 of the Schedule, and paragraph 2 of the Schedule.
Chapter Short title Extent of repeal 1961 c. 33. Land Compensation Act 1961. In section 15(4) paragraphs (a) and (b). 1965 c. 36. Gas Act 1965. In Schedule 3, paragraph 3. 1968 c. 14. Public Expenditure and Receipts Act 1968. In Schedule 3, paragraph 7(b). 1973 c. 26. Land Compensation Act 1973. In section 5(3), paragraphs (a) and (b). 1982 c. 16. Civil Aviation Act 1982. In section 53(1)(a) “114”. 1986 c. 31. Airports Act 1986. In section 61(1)(a) “114”. 1990 c. 8. Town and Country Planning Act 1990. Section 55(6). Sections 80 and 81. In section 111(1) and (2) “new” (in both places). In section 112, in subsection (9) “new”, subsection (12)(a) and in subsection (13) “paragraph (a) or paragraph (b) of”. Sections 113 and 114. Part V. In section 198(4)(a) “80, 81”. In section 220(3)(a) “80, 81”. In section 262(4) and (7)(a) “123”. In section 263(3) “123(3) and (4)”. Section 284(3)(c). In section 308, in subsection (1)(b) “or 132(1)”, in subsection (2) “or, as the case may be, section 132(4)” and in subsection (6) “and in section 309”. Section 309. In section 310 “or 309”. In section 311(1)(b) “or V”. Section 312. In section 313 “Without prejudice to section 312, and”. In section 315(2), the words from “and in relation” to “in respect of such land”. Section 324(4). Sections 326 and 327. In section 336(1) the definitions of “new development” and “previous apportionment”. In Schedule 1, in paragraph 16(1) “114”. In Schedule 3, paragraphs 3 to 8, 11 and 14. Schedule 12. In Schedule 16, in Parts III and VI, the entries relating to Schedule 12. 1990 c. 9. Planning (Listed Buildings and Conservation Areas) Act 1990. Section 27. In section 30, subsection (1)(a) and in subsection (2) “27”. In section 49 the words from “other than” to the end. In section 88(4) “27”. In section 91(2) “new development”. 1990 c. 11. Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraphs 12(3)(a), 18, 24(3)(a)(i) and, in paragraph 29(2) paragraph (a) and, in paragraph (b), sub-paragraphs (i) and (ii). The repeals in Part II have effect subject to section 31(7) and (8) of this Act and paragraphs 1(2), 5(2) and 13(2) of Schedule 6.
Chapter Short title Extent of repeal 1961 c. 33. Land Compensation Act 1961. In section 5, in rule (3), “the special needs of a particular purchaser or”. Section 17(8). Section 22(3). 1973 c. 26. Land Compensation Act 1973. In section 29, in subsection (1) “passed the resolution” in paragraph (ii) and the “and” following paragraph (iii), in subsection (3A) the words from “of the service” to “(1)(b) above” and subsection (5). Section 34(6). In section 52(10), the words following “unpaid”. 1973 c. 56. Land Compensation (Scotland) Act 1973. In Part II of Schedule 2, the entry for section 33(4) of the Land Compensation Act 1973. 1980 c. 65. Local Government, Planning and Land Act 1980. Section 114(2). 1981 c. 67. Acquisition of Land Act 1981. Section 20.Paragraph 7 of Schedule 3. 1985 c. 71. Housing (Consequential Provisions) Act 1985. In Schedule 2, paragraph 24(2)(c). 1986 c. 63. Housing and Planning Act 1986. Section 9(3)(c). 1990 c. 8. Town and Country Planning Act 1990. In section 231, the words from “for a purpose” to “is situated”. 1990 c. 11. Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraph 29(4).
Chapter Short title Extent of repeal 1963 c.51 Land Compensation (Scotland) Act 1963. In section 12, in rule 3, the words “the special needs of a particular purchaser or”. Section 23(4)(a) and (b). Section 25(8). Section 30(3). 1965 c. 36. Gas Act 1965. In Schedule 3, paragraph 3. 1968 c. 14. Public Expenditure and Receipts Act 1968. In Schedule 3, paragraph 7(a). . . . . . . . . . 1973 c. 56. Land Compensation (Scotland) Act 1973. Section 5(3)(a) and (b). In section 27, in subsection (1), the words “passed the resolution” in paragraph (ii), and the word “and” following paragraph (iii); and subsection (5). Section 31(6). Section 48(9)(b). In Part II of Schedule 2, the entry for section 33(4) of the Land Compensation Act 1973. 1980 c. 65. Local Government, Planning and Land Act 1980. Section 114(2). 1982 c. 16. Civil Aviation Act 1982. In section 53(1)(a), the word “158”. 1986 c. 31. Airports Act 1986. In section 61(1)(a), the word “158”.
Chapter Short title Extent of repeal 1980 c. 66. Highways Act 1980. Part X. Section 203(2)(b)(ii). In section 232(9), in the definition of “byelaw width”, the word “byelaws”. In section 307(1) the words “193, 200(2)”. Section 325(1)(c). In section 326(1) the words “or 186”. In Schedule 22 paragraph 4. In Schedule 23 paragraphs 10 and 11. 1985 c. 51. Local Government Act 1985. In Schedule 4, paragraphs 29 to 32. 1985 c. 68. Housing Act 1985. In section 622, in the definition of “building regulations”, paragraph (b). 1990 c. 8. Town and Country Planning Act 1990. In paragraph 2 of Schedule 17 the words— “Sections 188, 193 and 196 Section 200(2) and (4)”. In Schedule 17, in paragraph 3, sub-paragraphs (a) and (c)(iii). The repeals in Part V are subject to the savings in section 81(2) of this Act.