(1)In this Act, except so far as the contrary is provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
" Act of 1932 " means the [22 & 23 Geo. 5. c. 49.] Town and Country Planning (Scotland) Act, 1932;
" Act of 1945 " means the [8 & 9 Geo. 6. c. 33.] Town and Country Planning (Scotland) Act, 1945;
" advertisement " means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, and without prejudice to the foregoing provision includes any hoarding or similar structure used or adapted for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
" agriculture " includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and " agricultural " shall be construed accordingly;
" appointed day " means such day as the Secretary of State may by order appoint;
" appropriate Minister " means—
in relation to statutory undertakers carrying, on an undertaking for the supply of electricity, gas or hydraulic power, the Minister of Fuel arid Power;
in relation to the undertaking of the North of Scotland Hydro-Electricity Board, the Secretary of State;
in relation to statutory undertakers carrying on an undertaking for the supply of water, the Secretary of State; and
in relation to any other statutory undertakers as defined by this Act, the Minister of Transport;
" area of extensive war damage " and " area of bad lay-out or obsolete development " mean an area consisting of. land shown to the satisfaction of the Secretary of State to have sustained war damage of, as the case may be, to be badly laid out or of : obsolete development, or consisting of such land together with other land, contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;
" building " includes any, structure or erection and any part of a building as so defined, but does not include plant or machinery comprised in a building;
" buildings or works " includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;
" building operations " includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;
" building preservation order " has the meaning assigned to it by section twenty-seven of this Act;
" clearing ", in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed by regulations made for the purposes of this Act;
" common " includes any town or village green and " open space " means any land laid out as a public garden or used for the purposes of public recreation or land being a disused burial ground;
" Consolidated Fund " means the Consolidated Fund of the United Kingdom, and includes the growing produce thereof;
" development " has the meaning assigned to it by section ten of this Act, and ' develop "shall be construed accordingly;
" development charge " means the development charge payable under Part VI of this Act;
" development order " has the meaning assigned to it by section eleven of this Act;
" development plan " has the meaning assigned to it by section three of this Act, and includes a plan made under subsection (5) of that section;
" enactment " includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by . Parliament;
" engineering operations " includes the formation or laying out of means of access to highways;
" erection " in relation to buildings includes extension, alteration and re-erection;
" feu charter " includes a feu contract and any other instrument by which land is feued;
" functions " includes powers and duties;
" government department " includes the Electricity Commissioners;
" heritable security " means—
a heritable security within the meaning of the [14 & 15 Geo. 5. c. 27.] Conveyancing (Scotland) Act, 1924, exclusive of a security by way of ground annual and a real burden ad factum praestandum but inclusive of a security constituted by way of ex facie absolute disposition; or
an assignation in security of a lease recorded under the Registration of Leases (Scotland) Act, 1857; and the expression " heritable creditor " shall be construed accordingly;
" improvement " in relation to a highway has the same meaning as the expression " improvement of roads " has in Part II of the Development and Road Improvement Funds Act, 1909;
" industrial building " has the same meaning as in the [8 & 9 Geo. 6. c. 36.] Distribution of Industry Act, 1945;
" interim development authority " means a local authority or joint committee empowered by an interim development order to permit the development of land;
" interim development order " means an order made under subsection (1) of section ten of the Act of 1932;
" land " includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part III of this Act, includes any interest or right in or over land;
" large burgh " has the meaning assigned to it in the Local Government (Scotland) Act, 1947;
" lease " includes a sub-lease, but does not include an option to take a lease;
" local authority " means a county council, town council or district council, or any other authority within the meaning of the [54 & 55 Vict. c. 34.] Local Authorities Loans (Scotland) Act, 1891, and includes any joint board or joint committee of which all the constituent authorities are such local authorities as aforesaid;
" local highway authority " means a highway authority other than the Minister of Transport;
" local planning authority " has the meaning assigned to it by section two of this Act;
" means of access " includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;
" minerals " includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or by surface working;
" mining lease " means a lease, sub-lease, tenancy or licence conferring a right to win or work minerals;
" Minister " includes the Treasury, the Admiralty, the Board of Trade and any other government department;
" National Coal Board " means the National Coal Board established under the [9 & 10 Geo. 6. c. 59.] Coal Industry Nationalisation Act, 1946;
" National Trust for Scotland " means The National Trust for Scotland for Places of Historic Interest or . Natural Beauty incorporated by the Order confirmed by the [26 Geo. 5. & 1 Edw. 8. c. ii.] National Trust for Scotland Order Confirmation Act, 1935;
" operational land ", in relation to any statutory undertakers, means land which is used for the purpose of carrying on the undertakings of those undertakers and land in which an interest is held for that purpose, not being land which, in respect of its nature and situation, is comparable rather with land in , general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings;
" owner " in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking;
" planning permission " means the permission for development of land which is required by virtue of section ten of this Act;
" planning permission granted for a limited period only " has the meaning assigned to it by section twelve of this Act;
" planning scheme " means a scheme under the Act of ' 1932 or any enactment repealed by that Act;
" purchase notice " has the meaning assigned to it by section seventeen of this Act;
" relocation of population or industry " means, in relation to an area of extensive war damage or an area of bad lay-out or obsolete development, the rendering available elsewhere than in that area, whether in an existing community or a community to be newly established, of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and v; other requirements, being accommodation to be : rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location ;j in that area would be inconsistent with the proper planning thereof;
" replacement of open space " means, in relation to an area of extensive war damage or an area of bad layout or obsolete development, the rendering of land available for use as an open space or otherwise in an undeveloped state in substitution for land in that area which is so used;
" requisitioned land, " and " period of requisition, " have the meanings assigned to them by section eighty-five of this Act;
" small burgh " has the meaning assigned to it in the Local Government (Scotland) Act, 1947;
" statutory Undertakers " means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse v undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water, and , " statutory undertaking " shall be construed accordingly;
" tree preservation order " has the meaning assigned to it by section twenty-six of this Act;
" use ", in relation to land, does not include the use of land by the carrying out of any building or other operations thereon;
" Valuation Office " means the Valuation Office of the Inland Revenue Department;
" war damage " has the same meaning as in the War Damage Act, 1943.
(2)If any question arises, in relation to anything required or authorised to be done under this Act, which Minister was or is the appropriate Minister as defined by this section in relation to any statutory undertakers, that question shall be determined by the Treasury, and if any question so arises whether land of statutory undertakers is operational land as defined by this section, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.
(3)Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of the Sixth Schedule to the Act of 1945, or of any other enactment, is to be deemed to be served.
(4)Any reference in this Act to the compensation payable in respect of the compulsory acquisition of land shall be construed as including a reference to compensation to be estimated, in connection with the acquisition, for damage sustained by reason of the severing of the land from other land held therewith or otherwise injuriously affecting such other land, and compensation to be so estimated for disturbance or any other matter not directly based on the value Of the land.
(5)References in this Act to any enactment shall- be construed as references to that enactment as amended by any subsequent enactment including, except where the context otherwise requires, this Act.