Town and Country Planning (Scotland) Act 1959

42 Supplementary provisions relating to Part IV

(1) The provisions of the Fifth Schedule to this Act shall have effect for the purposes of this Part of this Act.

(2) Subject to the provisions of that Schedule, in this Part of this Act " owner-occupier ", in relation to a hereditament, means a person who—

(a) occupies the whole or part of the hereditament in right of an owner's interest therein, and has so occupied the hereditament or that part thereof during the whole of the period of six months ending with the date of service, or

(b) occupied, in right of an owner's interest, the whole or part of the hereditament during the whole of a period of six months ending not more than six months before the date of service, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(3) Subject to the provisions of the said Schedule, in this Part of this Act " owner-occupier ", in relation to an agricultural unit, means a person who—

(a) occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service, or

(b) occupied the whole of that unit during the whole of a period of six months ending not more than six months before the date of service,

and, at all times material for the purposes of paragraph (a) or paragraph (b) of this subsection, as the case may be, has been entitled to an owner's interest in the whole or part of that unit.

(4) In this Part of this Act "resident owner-occupier", in relation to a hereditament, means an individual who—

(a) occupies the whole or part of the hereditament as a private dwelling in right of an owner's interest therein, and has so occupied the hereditament or that part thereof, as the case may be, during the whole of the period of six months ending with the date of service, or

(b) occupied, in right of an owner's interest, the whole or part of the hereditament as a private dwelling during the whole of a period of six months ending not more than six months before the date of service, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(5) Subject to the provisions of the said Schedule, in this Part of this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• " the affected area ", in relation to an agricultural unit, means so much of that unit as, on the date of service, consists of land falling within any of the specified descriptions;

• " agricultural unit " means land which is occupied as a unit for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land ;

• " annual value ", in relation to a hereditament, means the value which, on the date of service, is shown in the valuation roll as the rateable value of that hereditament, except that, where the rateable value differs from the net annual value, it means the value which on that date is shown in the valuation roll as the net annual value thereof;

• " the appropriate authority ", in relation to any land, means the government department, local authority or other body by whom, in accordance with the circumstances by virtue of which the land falls within any of the specified descriptions, the land is liable to be acquired or is indicated as being proposed to be acquired;

• " the appropriate enactment ", in relation to land falling within any of the specified descriptions, means the enactment which provides for the compulsory acquisition of land as being land falling within that description ;

• " hereditament ", means the aggregate of the lands and heritages (not being agricultural lands and heritages within the meaning of section seven of the Valuation and Rating (Scotland) Act, 1956) which form the subject of a single entry in the valuation roll for the time being in force for a valuation area;

• " the prescribed limit " means such amount as may be prescribed for the purposes of paragraph (a) of subsection (4) of section thirty-eight of this Act by an order made by the Secretary of State;

• " the relevant date "—

  (a)

  in relation to land designated, allocated, defined or indicated as mentioned in any of paragraphs (a) to (c) of subsection (1) of section thirty-eight of this Act, means the date (whether before or after the commencement of this Act) on which the development plan, or the amendment of the development plan, by virtue of which the land was first so designated, allocated, defined or indicated came into operation;

  (b)

  in relation to any such land as is mentioned in paragraph (d) of that subsection, means the date (whether before or after the commencement of this Act) on which the special enactment in question came into operation;

  (c)

  in relation to land falling within paragraph (e) of that subsection, means the date (whether before or after the commencement of this Act) of the coming into operation of the order or scheme by virtue of which it falls within that paragraph;

  (d)

  in relation to land falling within paragraph (J) of that subsection, means the date (whether before or after the commencement of this Act) of the passing of the resolution by virtue of which it falls within that paragraph;

• " the specified descriptions " means the descriptions contained in paragraphs (a) to (f) of subsection (1) of section thirty-eight of this Act.

(6) Any reference in this Part of this Act to a development plan is a reference to such a plan in the form in which (whether as originally made or approved by the Secretary of State or as subsequently amended) that plan is for the time being in force.

(7) In this section ' date of service', in relation to a hereditament or agricultural unit, means the date of service of a notice in respect thereof under section thirty-eight of this Act, and " owner's interest " in relation to a hereditament or agricultural unit or part thereof, includes the interest of the lessee under a lease thereof, being a lease the unexpired period of which on the date of service is not less than three years.