Town and Country Planning (Scotland) Act 1969

SCHEDULES

Section 18.

SCHEDULE 1 Provisions as to Established use Certificates

Application for certificate and appeal against refusal thereof

1 An application for an established use certificate shall be made in such manner as may be prescribed by a development order, and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given thereunder, or by the local planning authority or, in the case of an application referred to the Secretary of State, by him.

2 Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities, and, in particular—

(a) for requiring the authority to give to any applicant for such a certificate, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(b) for requiring the authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for such certificates made to the authority, including information as to the manner in which any such application has been dealt with.

3 (1) A development order may provide that an application for an established use certificate, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one or other of those described in paragraphs (a) to (d) of section 36(1) of the Act of 1959 (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application, or has tried to do so) and any such order may—

(a) include requirements corresponding to those contained in subsections (2) to (4) of that section ; and

(b) make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of this sub-paragraph.

(2) If any person issues a certificate which purports to comply with any provision of a development order made by virtue of sub-paragraph (1) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Provisions with respect to grant of certificate

4 An established use certificate shall be in such form as may be prescribed by a development order and shall specify—

(a) the land to which the certificate relates and any use thereof which is certified by the certificate as established;

(b) by reference to the paragraphs of section 18(1) of this Act, the grounds on which that use is so certified ; and

(c) the date on which the application for the certificate was made, which shall be the date at which the use is certified as established.

5 Where the Secretary of State, or a person appointed by him under section 22 or 24 of this Act to determine an appeal, grants an established use certificate, the Secretary of State or that person shall give notice to the local planning authority of that fact.

6 In section 12(5) of the Act of 1947 (register of decisions on planning applications) references to applications for planning permission shall include references to applications for established use certificates; and the information which may be prescribed as being required to be contained in a register kept under that subsection shall include information with respect to established use certificates granted by the Secretary of State or by a person appointed by him under section 22 or 24 of this Act to determine an appeal.

Section 31.

SCHEDULE 2 General Vesting Declarations for Land Compulsorily Acquired

Execution of general vesting declarations

1 (1) Where a compulsory purchase order authorising an acquiring authority to acquire any land has come into operation, the authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form (in this Schedule referred to as "a general vesting declaration ") vesting the land in themselves as from the end of such period as may be specified in the declaration (not being less than twenty-eight days) from the date on which the service of notices required by paragraph 4 below is completed.

(2) A general vesting declaration shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the [1874 c. 94.] Conveyancing (Scotland) Act 1874.

2 (1) Before making a general vesting declaration with respect to any land which is subject to a compulsory purchase order, the acquiring authority shall include in the notice of the making or confirmation of the order which is required to be published or served by paragraph 6 of Schedule 1 to the Acquisition Act 1947 or any other provision of the relevant enactments corresponding to that paragraph, or in a notice given subsequently and before the service of the notice to treat in respect of that land—

(a) such a statement of the effect of paragraphs 1 to 8 of this Schedule as may be prescribed ; and

(b) a notification to the effect that every person who, if a general vesting declaration were made in respect of all the land comprised in the order in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of any such land is invited to give information to the authority making the declaration in the prescribed form with respect to his name and address and the land in question.

(2) The requirements of the relevant enactments with respect to the publication and service of a notice of the making or confirmation of a compulsory purchase order shall apply to a notice under this paragraph given subsequently to the first-mentioned notice.

3 A general vesting declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of the notice complying with paragraph 2(1) above, or such longer period, if any, as may be specified in the notice:

Provided that, with the consent in writing of every occupier of any of the land specified in the declaration, the acquiring authority may execute a general vesting declaration before the end of that period of two months, or of the longer period so specified, as the case may be.

4 As soon as may be after executing a general vesting declaration, the acquiring authority shall serve—

(a) on every occupier of any of the land specified in the declaration (other than land in which there subsists a short tenancy or a long tenancy which is about to expire); and

(b) on every other person who has given information to the authority with respect to any of that land in pursuance of the invitation published and served under paragraph 2(1) above,

a notice in the prescribed form specifying the land and stating the effect of the declaration.

5 For the purposes of this Schedule, a certificate by the acquiring authority that the service of notices required by paragraph 4 above was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

Effect of general vesting declaration

6 At the end of the period specified in a general vesting declaration, the provisions of the Lands Clauses Acts and of section 6 of the [1845 c. 33.] Railways Clauses Consolidation (Scotland) Act 1845 (both as incorporated by Schedule 2 to the Acquisition Act 1947) and of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall apply as if, on the date on which the declaration was made, a notice to treat had been served on every person on whom, under section 17 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 (on the assumption that they required to take the whole of the land specified in the declaration and had knowledge of all the parties referred to in that section) the acquiring authority could have served such a notice, other than—

(a) any person entitled to an interest in the land in respect of which such a notice had actually been served before the end of that period ; and

(b) any person entitled to a short tenancy or a long tenancy which is about to expire.

7 At the end of the period specified in a general vesting declaration, the land specified in the declaration, together with the right to enter upon and take possession of it, shall vest in the acquiring authority as if the circumstances in which under the said Act of 1845 an authority authorised to purchase land compulsorily have any power to expede a notarial instrument (whether for vesting land or any interest in land in themselves or for extinguishing the whole or part of any feu-duty, ground annual or rent, or other payment or incumbrance) had arisen in respect of all the land and all interests therein, and the acquiring authority had duly exercised that power accordingly at the end of that period.

8 Where any land specified in a general vesting declaration is land in which there subsists a short tenancy or a long tenancy which is about to expire—

(a) the right of entry conferred by paragraph 7 above shall not be exercisable in respect of that land unless, after serving a notice to treat in respect of that tenancy, the acquiring authority have served upon every occupier of any of the land in which the tenancy subsists a notice stating that, at the end of such period as is specified in the notice (not being less than fourteen days) from the date on which the notice is served, they intend to enter upon and take possession of such land as is specified in the notice, and that period has expired ; and

(b) the vesting of the land in the acquiring authority shall be subject to the tenancy until that period expires, or the tenancy comes to an end, whichever first occurs.

9 (1) Subject to the following sub-paragraph, subsection (5) of section 10 of, and the supplementary provisions contained in Schedule 3 to the [1967 c. 1.] Land Commission Act 1967 (being provisions as to recording in the Register of Sasines, exclusion of power of entry, objections to severance, compensation and other miscellaneous matters arising on the making of a general vesting declaration under Part II of that Act) shall have effect for the purposes of paragraphs 6 to 8 above as they have effect for the purposes of section 10 of that Act.

(2) For the purpose of applying the said Schedule 3 to paragraphs 6 and 8 above, the following substitution of references shall be made therein—

Original reference in [1967 c. 1.] Land Commission Act 1967, Schedule 3	Substituted references for purposes of this Schedule
The Land Commission	An acquiring authority
The Land Commission Act 1967	This Act
The Land Commission Act 1967—
Section 9(3)	Paragraph 4 of this Schedule
Section 10	Paragraphs 6 to 8 of this Schedule
Section 10(2)	Paragraph 7 of this Schedule.

(3) In the said Schedule 3 as so applied, " land " shall have the same meaning as in this Schedule.

Recovery of compensation overpaid

10 The provisions of paragraphs 11 to 15 below shall have effect where, after the acquiring authority have made a general vesting declaration in respect of any land, a person claims compensation in respect of the acquisition by the authority of an interest in any land by virtue of the declaration, and the authority pay compensation in respect of that interest.

11 If, in a case falling within paragraph 10 above, it is subsequently shown—

(a) that the land, or the claimant's interest in it, was subject to an incumbrance which was not disclosed in the particulars of his claim ; and

(b) that by reason of that incumbrance the compensation paid exceeded the compensation to which the claimant was entitled in respect of that interest,

the acquiring authority may recover the amount of the excess from the claimant.

12 If, in a case falling within paragraph 10 above, it is subsequently shown that the claimant was not entitled to the interest in question, either in the whole or in part of the land to which the claim related, the acquiring authority may recover from him an amount equal to the compensation paid, or to so much of that compensation as, on a proper apportionment thereof, is attributable to that part of the land, as the case may be.

13 Any question arising under paragraph 11 or 12 above—

(a) as to the amount of the compensation to which the claimant was entitled in respect of an interest in land; or

(b) as to the apportionment of any compensation paid,

shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such question, the provisions of section 3 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall apply, subject to any necessary modifications.

14 Subject to paragraph 13 above, any amount recoverable by the acquiring authority under paragraph 11 or 12 above shall be recoverable in any court of competent jurisdiction.

15 Any sum recovered under paragraph 11 or 12 above in respect of land by an acquiring authority who are a local authority shall be applied towards the repayment of any debt incurred in acquiring or redeveloping that land or if no debt was so incurred shall be paid into the account out of which the compensation in respect of the acquisition of that land was paid.

Penalty for false information in claiming compensation

16 (1) If any person, for the purpose of obtaining for himself or for any other person any compensation in respect of the acquisition by the acquiring authority of an interest in land by virtue of a general vesting declaration—

(a) knowingly or recklessly makes a statement which is false in a material particular ; or

(b) with intent to deceive produces, furnishes, sends or otherwise makes use of any book, account, or other document which is false in a material particular ; or

(c) with intent to deceive withholds any material information,

he shall be guilty of an offence.

(2) Any person guilty of an offence under this paragraph shall (without prejudice to the recovery of any sum under paragraph 11 or 12 above) be liable—

(a) on summary conviction, to a fine not exceeding £400 :

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

Supplemental

17 (1) In this Schedule " short tenancy " means a tenancy for a year or from year to year or any lesser interest, and " long tenancy which is about to expire ", in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).

(2) In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—

(a) that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him, and

(b) that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.

18 In this Schedule—

• " relevant enactments ", in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition of land by them by means of a compulsory purchase order;

• " land" , in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments.

Section 35.

SCHEDULE 3 Consequential Amendments of Planning Blight Provisions of Act of 1959

Section 38

In subsection (1)—

(a) after the words " this Act" there shall be inserted the words " and of sections 34 to 38 of the Act of 1969 ";

(b) paragraphs (a) and (b) shall be omitted ; and

(c) in paragraph (c), for the words in parenthesis there shall be substituted the words " (otherwise than by being dealt with in a manner mentioned in section 34(1)(a) or (b) of the Act of 1969) ".

In subsection (6), for the words " a notice served under this section " there shall be substituted the words " a blight notice ".

After subsection (6), there shall be added the following subsection—

“(7) In this Act and in Part IV of the Act of 1969, ' blight notice' means a notice served under this section or under section 35 of the Act of 1969.”

Section 39

In subsection (1), for the words " Where a notice has been served under the last preceding section " there shall be substituted the words " Where a blight notice has been served ".

For subsection (3) there shall be substituted the following subsection—

“(3) Any counter-notice served under this section in respect of a blight notice shall specify the grounds (being one or more of the grounds specified in subsection (2) above or, as relevant, section 35(8) or 36(1) of the Act of 1969) on which the appropriate authority object to the notice.”

Section 40

In subsection (1), for the words "notice served under section thirty-eight of this Act" there shall be substituted the words " a blight notice ".

Section 41

In subsection (1), for the words " Where a notice has been served under section thirty-eight of this Act" there shall be substituted the words " Where a blight notice has been served ".

In subsection (2)(b), for the words "the notice under section thirty-eight of this Act" there shall be substituted the words " the blight notice ".

In subsection (3), for the words from the beginning to " that notice " there shall be substituted the words " Where the appropriate authority have served a counter-notice objecting to a blight notice ".

Section 42

In subsections (2)(a), (2)(b), (4)(a) and (4)(b), for the words " the whole or part" (wherever occurring) there shall be substituted the words " the whole or a substantial part ".

In subsections (2)(b), (3)(b) and (4)(b), for the words " six months before the date of service " there shall be substituted the words " twelve months before the date of service ".

In subsection (5)—

(a) in the definition of " the relevant date "—

(i) in paragraph (a), the word " designated " shall be omitted in both places ; and for the words " any of the paragraphs (a) to (c) of subsection (1) of section thirty-eight of this Act " there shall be substituted the words " paragraph (c) of section 38(1) above or paragraph (a) or (b) of section 34(1) of the Act of 1969 "; and

(ii) in paragraphs (b), (c) and (d), for the words " that subsection " there shall be substituted, in each place, the words " section 38(1) above "; and

(b) for the definition of " the specified descriptions " there shall be substituted the following definition—

• “' the specified descriptions " means the descriptions contained in paragraphs (c) to (f) of section 38(1) of this Act and paragraphs (a) to (d) of section 34(1) of the Act of 1969”.

Section 54

In subsection (1), after the definition of the Act of 1954 there shall be inserted the following definition—

• “' the Act of 1969 ' means the Town and Country Planning (Scotland) Act 1969.”

Schedule 5

In paragraph 8, for the words "a notice has been served under section thirty-eight of this Act" there shall be substituted the words " a blight notice has been served ".

Paragraphs 11(3) and 12(3) shall be omitted. In paragraph 13, for the words " a notice under section thirty-eight of this Act " there shall be substituted the words " a blight notice ".

Sections 41, 42, 44 and 48.

SCHEDULE 4 Control of Works for Demolition, Alteration or Extension of Listed Buildings

PART I Applications for Listed Building Consent

1 (1) Provision may be made by regulations under this Act with respect to the form and manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.

(2) Any listed building consent shall (except in so far as it otherwise provides) enure for the benefit of the building and of all persons for the time being interested therein.

2 (1) Regulations under this Act may provide that an application for listed building consent, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in the prescribed form corresponding to one or other of those described in paragraphs (a) to (d) of section 36(1) of the Act of 1959 (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application or has tried to do so) and any such regulations may—

(a) include requirements corresponding to those contained in subsections (2) to (4) of that section ; and

(b) make provision as to who, in the case of any building, is to be treated as the owner for the purposes of any provision of the regulations made by virtue of this sub-paragraph.

(2) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of this paragraph and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

3 (1) The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.

(2) A direction under this paragraph may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.

(3) An application in respect of which a direction under this paragraph has effect shall be referred to the Secretary of State accordingly.

(4) Before determining an application referred to him under this paragraph, the Secretary of State shall, if either the applicant or the authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

(5) The decision of the Secretary of State on any application referred to him under this paragraph shall be final.

4 (1) Subject to the following provisions, a local planning authority to whom application is made for listed building consent shall not grant such consent, unless they have notified the Secretary of State of the application (giving particulars of the works for which the consent is required) and either—

(a) a period of twenty-eight days has expired beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him; or

(b) the Secretary of State has notified the authority that he does not intend to require the reference of the application.

(2) The Secretary of State may, at any time before the said period expires, give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him, and the foregoing sub-paragraph shall then have effect with the substitution for a period of twenty-eight days or such longer period as may be specified in the Secretary of State's notice.

5 (1) The Secretary of State may give directions that, in the case of such descriptions of application for listed building consent as he may specify, other than such consent for the demolition of a building, paragraph 4 above shall not apply ; and accordingly, so long as the directions are in force, local planning authorities may determine applications of such descriptions in any manner they think fit, without notifying the Secretary of State.

(2) Without prejudice to the foregoing provisions of this Schedule, the Secretary of State may give directions to local planning authorities requiring them, in such cases or classes of case as may be specified in the directions, to notify to him and to such other persons as may be so specified any applications made to them for listed building consent, and the decisions taken by the authorities thereon.

6 (1) Where an application is made to the local planning authority for listed building consent and the consent is refused by the authority or is granted by them subject to conditions, the applicant, if he is aggrieved by the decision, may, by notice served in the prescribed manner within such period as may be prescribed, not less than twenty-eight days from the receipt by him of notification of the decision, appeal to the Secretary of State.

(2) A person appealing under this paragraph may include in his notice thereunder, as the ground or one of the grounds of his appeal, a claim—

(a) that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State under section 28 of the Act of 1947 ; or

(b) in the case of a building to which section 40(10) of this Act applies, that the Secretary of State should give a direction under that section with respect to the building; or

(c) in the case of a building subject to a building preservation notice under section 48 of this Act, that the building should not be included in a list compiled or approved under the said section 28.

(3) Subject to the following provisions of this paragraph, the Secretary of State may allow or dismiss an appeal thereunder, or may reverse or vary any part of the decision of the authority, whether the appeal relates to that part thereof or not, and—

(a) may deal with the application as if it had been made to him in the first instance ; and

(b) may, if he thinks fit, exercise his power under section 28 of the Act of 1947 to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under section 40(10) of this Act to direct that that subsection shall no longer apply to the building.

(4) Before determining an appeal under this paragraph, the Secretary of State shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5) The decision of the Secretary of State on any appeal under this paragraph shall be final.

7 Where an application is made to the local planning authority for listed building consent, then, unless within the prescribed period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority either—

(a) give notice to the applicant of their decision on the application ; or

(b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under paragraph 3 of this Schedule,

the provisions of paragraph 6 of this Schedule shall apply in relation to the application as if listed building consent had been refused by the authority and as if notification of their decision had been received by the applicant at the end of the prescribed period or at the end of the said extended period, as the case may be.

PART II Revocation of Listed Building Consent

8 (1) If it appears to the local planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify listed building consent in respect of any works to a building, being consent granted on an application made under Part I of this Schedule, the authority, subject to the following provisions of this paragraph, may by order revoke or modify the consent to such extent as (having regard to these matters) they consider expedient.

(2) An order under this paragraph shall not take effect unless it is confirmed by the Secretary of State ; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

(3) Where a local planning authority submit an order to the Secretary of State for confirmation under this paragraph, the authority shall serve notice on the owner, lessee and occupier of the building affected and on any other person who in their opinion will be affected by the order ; and if within such period as may be specified in that notice (not being less than twenty-eight days after the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the local planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4) The power conferred by this paragraph to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.

9 (1) If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that an order under paragraph 8 above should be made, he may give directions to the authority requiring them to submit to him such an order for his confirmation, or may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the authority and confirmed by the Secretary of State under that paragraph.

(2) The provisions of paragraph 8 above shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of this paragraph, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

10 (1) Where listed building consent is revoked or modified by an order under this Part of this Schedule, then if on a claim made to the local planning authority in the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

(a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, or

(b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

(2) For the purposes of this paragraph, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

(3) Subject to sub-paragraph (2) above, no compensation shall be paid under this paragraph in respect of any works carried out before the grant of the listed building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

11 (1) The following provisions shall have effect where the local planning authority have made an order under paragraph 8 of this Schedule but have not submitted the order to the Secretary of State for confirmation by him. and—

(a) the owner, lessee and occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order ; and

(b) it appears to the authority that no claim for compensation is likely to arise under paragraph 10 above.

(2) The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

(a) the period (not less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose ; and

(b) the period (not less than fourteen days from the expiration of the period referred to in paragraph (a) above) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this paragraph and without being confirmed by the Secretary of State.

(3) The authority shall also serve notice to the same effect on the persons mentioned in sub-paragraph (1)(a) above, and the notice shall include a statement of the effect of sub-paragraph (7) below.

(4) The authority shall send a copy of any advertisement published under sub-paragraph (2) above to the Secretary of State, not more than three days after the publication.

(5) If within the period referred to in sub-paragraph (2)(a) above no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in sub-paragraph (2)(b) above, take effect by virtue of this paragraph and without being confirmed by the Secretary of State as required by paragraph 8 of this Schedule.

(6) This paragraph does not apply to an order revoking or modifying a listed building consent granted by the Secretary of State under Part V of this Act or under this Schedule.

(7) No compensation shall be payable under paragraph 10 of this Schedule in respect of an order under paragraph 8 thereof which takes effect by virtue of this paragraph and without being confirmed by the Secretary of State.

PART III Proceedings on Listed Building Purchase Notice

12 (1) The local planning authority on whom a listed building purchase notice is served shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner or lessee by whom the purchase notice was served a notice stating either—

(a) that the authority are willing to comply with the purchase notice, or

(b) that another local planning authority or statutory under takers specified in the notice under this sub-paragraph have agreed to comply with it in their place ; or

(c) that for reasons specified in the notice under this sub paragraph, the authority are not willing to comply with the purchase notice and have not found any other local planning authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted a copy of the purchase notice to the Secretary of State, on a date specified in the notice under this sub-paragraph, together with a statement of the reasons so specified.

(2) Where the local planning authority on whom a listed building purchase notice is served by an owner or lessee have served on him a notice in accordance with sub-paragraph (1)(a) or (b) above, the authority, or the other local planning authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the provisions of section 50 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

(3) Where the authority on whom a listed building purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with sub-paragraph (l)(c) above, they shall transmit a copy of the purchase notice to the Secretary of State together with a statement of their reasons ; and subsections (5) and (7) of section 17 of the Act of 1947 (procedure on reference of purchase notice to the Secretary of State) shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under that section, with the substitution for references therein to the Secretary of State taking action under that section of references to his taking action under paragraph 13 of this Schedule.

13 (1) Subject to the following provisions of this paragraph, if the Secretary of State is satisfied that the conditions specified in paragraphs (a) to (c) of section 42(1) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

Provided that, if he is satisfied that the said conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

(2) The Secretary of State shall not confirm the purchase notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

(3) If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being refused or granted subject to conditions, he may, in lieu of confirming the purchase notice, grant listed building consent for the works in respect of which the application was made or, where such consent for those works was granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works.

(4) If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of this Schedule, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

(5) If it appears to the Secretary of State that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other works for which listed building consent ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that listed building consent for those works shall be granted in the event of an application being made in that behalf.

(6) If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any development for which planning permission ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

(7) If it appears to the Secretary of State, having regard to the probable ultimate use of the building or the site thereof, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land by substituting another local planning authority or statutory undertakers for the authority on whom the notice was served.

(8) In section 17 of the Act of 1947 as applied by paragraph 12(3) above, any reference to the taking of action by the Secretary of State under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions specified in paragraphs (a) to (c) of section 42(1) of this Act are not fulfilled.

14 (1) Where the Secretary of State confirms a listed building purchase notice, the authority on whom the notice was served (or, if under paragraph 13(7) above the Secretary of State modified the notice by substituting another authority or statutory undertakers for that authority, that other authority or those undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 50 of this Act and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

(2) If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 13 above, and has not notified the owner or lessee by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the authority on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 50 of this Act and to have served a notice to treat in respect thereof at the end of that period.

(3) In this paragraph—

(a) " the relevant interest " means the owner's or lessee's interest in the land or, if the purchase notice is confirmed by the Secretary of State in respect of only part of the land, the owner's or lessee's interest in that part;

(b) " the relevant period " is whichever of the following periods first expires, that is to say—

(i) the period of nine months beginning with the date of the service of the purchase notice ; and

(ii) the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

(4) Where the Secretary of State has notified the owner or lessee by whom a listed building purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent), and that decision of the Secretary of State is quashed under the provisions of section 31 of the Act of 1959, the purchase notice shall be treated as cancelled, but the owner or lessee may serve a further listed building purchase notice in its place.

(5) For the purpose of any regulations made under this Act as to the time within which a listed building purchase notice may be served, the service of a purchase notice under sub-paragraph (4) above shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the decision to refuse listed building consent or to grant it subject to conditions (being the decision in consequence of which the listed building purchase notice is served) had been made on the date on which the decision of the Secretary of State was quashed as mentioned in sub-paragraph (4) above.

15 Where in consequence of listed building consent being revoked or modified by an order under Part II of this Schedule, compensation is payable in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of paragraph 10 above.

PART IV Provisions about Enforcement Notices under Section 44

16 (1) A listed building enforcement notice shall be served on the owner, lessee and occupier of the building to which it relates ; and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

(2) Subject to the following provisions of this Schedule, a listed building enforcement notice shall take effect at the end of such period, not less than twenty-eight days after the service of the notice, as may be specified therein.

(3) The local planning authority may withdraw a listed building enforcement notice (without prejudice to their power to serve another) at any time before it takes effect; and if they do so, they shall forthwith give notice of the withdrawal to every person who was served with the notice.

17 (1) A person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds:—

(a) that the building is not of special architectural or historic interest;

(b) that the matters alleged to constitute a contravention of section 40 of this Act do not involve such a contravention ;

(c) that the works were urgently necessary in the interests of safety or health, or for the preservation of the building;

(d) that listed building consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted;

(e) that the notice was not served as required by paragraph 16 of this Schedule ;

(f) that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

(g) that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed ;

(h) that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building in its former state.

(2) An appeal under this paragraph shall be made by notice in writing to the Secretary of State, which shall indicate the grounds of appeal and state the facts on which it is based; and on any such appeal the Secretary of State shall, if either the appellant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(3) Where an appeal is brought under this paragraph, the notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4) Where an appeal is brought under this paragraph—

(a) the Secretary of State may correct any informality, defect or error in the notice if he is satisfied that the informality, defect or error is not material;

(b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by paragraph 16 of this Schedule to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

(5) On the determination of an appeal under this paragraph, the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice or for varying the terms of the notice in favour of the appellant, and the Secretary of State may—

(a) grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous ;

(b) in so far as any works already executed constitute development for which planning permission is required, grant such permission in respect of the works ;

(c) if he thinks fit, exercise his power under section 28 of the Act of 1947 to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under section 40(10) of this Act to direct that that subsection shall no longer apply to the building.

(6) Any planning permission granted by the Secretary of State under sub-paragraph (5) above shall be treated as granted on an application for the like permission under Part II of the Act of 1947, and any listed building consent granted by him thereunder shall be treated as granted on an application for the like consent under Part I of this Schedule ; and—

(a) in relation to the grant thereunder either of planning permission or of listed building consent, the Secretary of State's decision shall be final;

(b) for the purposes of section 12(5) of the Act of 1947 (local planning authority's register of planning applications) a decision of the Secretary of State to grant planning permission shall be treated as having been given by him in dealing with an application for planning permission made to the local planning authority.

18 The validity of a listed building enforcement notice shall not, except by way of an appeal under this Part of this Schedule, be questioned in any proceedings whatsoever on any of the grounds specified in sub-paragraphs (b) or (e) of paragraph 17(1) of this Schedule.

PART V Provisions Applicable on Lapse of Building Preservation Notice

19 The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 48(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 28 of the Act of 1947.

20 The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 40 or 45 of this Act committed by him with respect to the said building while the notice was in force.

21 Any proceedings on or arising out of an application for listed building consent made while the building preservation notice was in force shall lapse and any listed building consent granted with respect to the building while the notice was in force shall also lapse.

22 Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under Part IV of this Schedule shall lapse, but section 46(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the local authority, owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

Section 62.

SCHEDULE 5 Construction of References in Sections 62 and 63 to " The Responsible Minister or Ministers "

1 In relation to matters specified in the first column of the Table below (being matters mentioned in section 62(1) above which may be referred to a Planning Inquiry Commission under that section) " the responsible Minister or Ministers " for the purposes of sections 62 and 63 of this Act are those specified opposite in the second column of the Table.

2 Where an entry in the second column of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

TABLE

Referred matter	Responsible Minister or Ministers
1. Application for planning permission or an appeal—
(a) relating to operational land of statutory undertakers, or to land in the case of which the circumstances mentioned in section 71(2) of this Act are present,	The Secretary of State and the appropriate Minister (if different).
(b) relating to other land.	The Secretary of State.
2. Proposal that a government department should give a direction or that development should be carried out by or on behalf of a government department.	The Secretary of State and the Minister (if different) in charge of the government department concerned.

Section 64.

SCHEDULE 6 Joint Planning Inquiry Commissions

Interpretation

1 In relation to matters specified in the first column of the Table below (being matters which under section 64 of this Act may be referred to a Joint Planning Inquiry Commission), " the responsible Ministers", for the purposes of this Schedule, are those specified opposite in the second column of the Table, acting jointly.

TABLE

Referred matter	Responsible Ministers
(1) Application for planning permission or appeal—
(a) relating to operational land of statutory undertakers, or to land in the case of which there are present the circumstances mentioned in section 71(2) of this Act, or the corresponding provision of the Act of 1968,	The Secretary of State, the Minister of Housing and Local Government and the appropriate Minister (if different).
(b) relating to other land.	The Secretary of State and the Minister of Housing and Local Government.
(2) Proposal that a government department should give a direction under section 32 of the Act of 1947 or section 41 of the Act of 1962, or that development should be carried out by or on behalf of a government department.	The Secretary of State, the Minister of Housing and Local Government and the Minister (if different) in charge of the government department concerned.

2 In this Schedule—

(a) " the Act of 1962" and " the Act of 1968 " mean respectively the [1962 c. 38.] Town and Country Planning Act 1962 and the [1968 c. 72.] Town and Country Planning Act 1968 ;

(b) " commission " means a Joint Planning Inquiry Commission constituted under section 64 of this Act; and

(c) " referred matter " means a matter referred to a commission under that section.

3 Where this Schedule refers to the appropriate Minister, the local authority or the local planning authority, the reference shall be construed, according to its context, as if it were contained in the Act of 1947 or in the Act of 1962.

The reference

4 Two or more of the matters mentioned in subsection (1) of section 64 of this Act may be referred to the same commission if it appears to the responsible Ministers that they relate to proposals to carry out development for similar purposes on different sites.

5 Where a referred matter relates to a proposal to carry out development for any purpose at a particular site, the responsible Ministers may also refer to the commission the question whether development for that purpose should be instead carried out at an alternative site, whether in Scotland or in England, or partly in one and partly in the other.

6 The responsible Ministers shall, on referring a matter to a commission, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to them to be relevant to their inquiry.

7 (1) A reference to a commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

(2) A reference of any other matter mentioned in subsection (1) of section 64 of this Act may be made at any time before, but not after, the determination of the relevant referred application or the relevant appeal or, as the case may be, the giving of the relevant direction, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

Notice of reference to persons and authorities concerned

8 (1) Notice of the making of a reference to a commission shall be published in the prescribed manner, and a copy of the notice shall be served on the local planning authority for the area in which it is proposed that the relevant development shall be carried out.

(2) In the case of an application for planning permission referred under section 13 of the Act of 1947 or section 22 of the Act of 1962, or an appeal under section 14 of the Act of 1947 or section 23 of the Act of 1962, notice shall also be served—

(a) on the applicant or appellant; and

(b) on any person who has made representations, relating to the subject matter of the application or appeal, which the local planning authority are required to take into account under section 35(4) or 36(4) of the Act of 1959 or, as the case may be, section 17(2) or (3) of the Act of 1962.

(3) In the case of a proposal that a direction should be given by a government department under section 32 of the Act of 1947 or section 41 of the Act of 1962 with respect to any development, notice shall also be served on the local authority or statutory undertakers applying for authorisation to carry out that development.

(4) In this paragraph, " prescribed " means prescribed by regulations made by the Secretary of State and the Minister of Housing and Local Government jointly in the exercise of their respective powers under the Act of 1947 and the Act of 1962.

Proceedings of commission on reference

9 A commission inquiring into a referred matter shall—

(a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects ;

(b) thereafter, comply with paragraph 10 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission ;

(c) report to the responsible Ministers on the said matter.

10 A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—

(a) in any case, the local planning authority, if the authority so desire ;

(b) in the case of a matter mentioned in section 62(1)(a), (b) or (c) of this Act or section 62(1)(a), (b) or (c) of the Act of 1968, the applicant, if he so desires ; and

(c) in the case of an application or appeal mentioned in either of the said sections 62(1)(a) or (b), any person who has made representations relating to the subject matter of the application or appeal which the local planning authority are required to take into account under section 35(4) or 36(4) of the Act of 1959 or section 17(2) or (3) of the Act of 1962.

11 (1) The provisions of section 13(2) of the Act of 1947 and of that subsection as applied by section 14(2) of that Act, and of sections 22(6) and 23(4) of this Act, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.

(2) Sections 22(5) and 23(5) of the Act of 1962 (duty of Minister of Housing and Local Government to afford parties a hearing in cases of called-in applications for planning permission and appeals), and sections 21(6) and 22(4) of the Act of 1968 (corresponding provision in relation to appeal determined by a person appointed by the Minister under Part III of that Act) shall not apply to an application for planning permission, or an appeal, referred to a commission.

Local inquiries

12 A commission shall, for the purpose of complying with paragraph 10 above, hold a local inquiry; and they may hold such an inquiry if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire the opportunity of appearing and being heard.

13 Where a commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.

14 For the purposes of the [1958 c. 66.] Tribunals and Inquiries Act 1958, a local inquiry held by a commission—

(a) if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision ; and

(b) if held in England, shall be treated as one held by the Minister of Housing and Local Government in pursuance of a duty so imposed.

15 (1) Subsections (4) to (9) of section 50 of the Act of 1945 (power to summon and examine witnesses, and expenses at inquiries) shall apply to a local inquiry held by a commission in Scotland as they apply to an inquiry held under that section.

(2) Subsections (2) to (5) of section 290 of the [1933 c. 51.] Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a commission in England as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Minister of Housing and Local Government.

Supplementary

16 (1) A commission may, with the approval of the Ministers and at their expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to the commission to be relevant to a referred matter.

(2) In this paragraph " the Ministers " means the Secretary of State and the Minister of Housing and Local Government, acting jointly ; but their functions under this paragraph may, by arrangements made between them, be exercised by either acting on behalf of both.

17 Subject to the provisions of this Schedule, and to any directions given to them by the responsible Ministers, a commission shall have power to regulate their own procedure.

Section 95.

SCHEDULE 7 Procedure in connection with Orders relating to Footpaths and Bridleways

PART I Confirmation of Orders

1 (1) Before an order under section 93 or 94 of this Act is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

(a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order ;

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours ; and

(c) specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Subject to sub-paragraph (3) below, the notice to be given under sub-paragraph (1) above shall be given—

(a) by publication in the Edinburgh Gazette and in at least one local newspaper circulating in the area in which the land to which the order relates is situated ; and

(b) by serving a like notice on—

(i) every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the [1954 c. 50.] Housing (Repairs and Rents) (Scotland) Act 1954) of any of that land ;

(ii) every county or town council whose area includes any of that land ;

(iii) any statutory undertakers to whom there belongs, or by whom there is used, for the purposes of their undertaking, any apparatus under, in, on, over, along or across that land ; and

(iv) any person named in the order by virtue of section 93(2)(d) of this Act; and

(c) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up, diverted or extinguished by virtue of the order.

(3) Except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i) above ; but if he so directs in the case of any land then in addition to publication the notice shall be addressed to " the owners and any occupiers " of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

2 If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Secretary of State, themselves confirm the order (but without any modification).

3 (1) If any representation duly made is not withdrawn, the Secretary of State shall, before confirming the order, if the objection is made by a local authority, cause a local inquiry to be held, and in any other case either—

(a) cause a local inquiry to be held ; or

(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order, with or without modifications:

Provided that in the case of an order under section 93 of this Act, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(2) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm an order so as to affect land not affected by the order as submitted to him, except after—

(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which representations or objections with respect to the proposal may be made ;

(b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose ; and

(c) considering the report of the person appointed to hold the inquiry or to hear representations or objections as the case may be;

and, in the case of an order under section 93 of this Act, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

4 (1) The Secretary of State shall not confirm an order under section 93 of this Act which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purpose of their undertaking, unless the undertakers have consented to the confirmation of the order; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

(2) The consent of statutory undertakers to any such order shall not be unreasonably withheld ; and any question arising under this paragraph whether the withholding of consent is unreasonable, or whether any requirement is reasonable, shall be determined by whichever Minister is the appropriate Minister in relation to the statutory undertakers concerned.

5 Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Secretary of State thinks expedient as to the procedure on the making, submission and confirmation of orders under sections 93 and 94 of this Act.

PART II Publicity for Orders after Confirmation

6 As soon as may be after an order under section 93 or 94 of this Act has been confirmed by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made shall publish, in the manner required by paragraph 1(2) of this Schedule, a notice in the prescribed form, describing the general effect of the order, stating that it has been confirmed, and naming a place where a copy thereof as confirmed may be inspected free of charge at all reasonable hours, and shall—

(a) serve a like notice and a copy of the order as confirmed on any persons on whom notices were required to be served under the said paragraph 1(2); and

(b) cause a like notice to be displayed in the like manner as the notice required to be displayed under the said paragraph 1(2):

Provided that no such notice or copy need be served on a person unless he has sent to the authority a request in that behalf, specifying an address for service.

Section 100.

SCHEDULE 8 Increase of Penalties under the Act of 1947 and the Act of 1959

The Act of 1947

Section 22 (Supplementary provisions as to enforcement)

In subsection (3) (penalty for use of land in contravention of enforcement notice), for the words " fifty pounds " there shall be substituted the words " £400, or on conviction on indictment to a fine ", for the words " not exceeding twenty pounds " there shall be substituted the words " not exceeding £50 " and at the end there shall be added the words " or on conviction on indictment to a fine ".

Section 24 (Orders requiring discontinuance of use or alteration or removal of buildings or works)

In subsection (4) (penalty for non-compliance with order), for the words " fifty pounds " there shall be substituted the words " £400, or on conviction on indictment to a fine ", for the words " not exceeding twenty pounds " there shall be substituted the words " not exceeding £50 " and at the end there shall be added the words " or on conviction on indictment to a fine ".

Section 30 (Supplementary provisions regarding control of advertisements)

In subsection (3) (penalty for displaying advertisements in contravention of regulations), for the words from " fifty pounds " to the end of the subsection there shall be substituted the words " £100 and, in the case of a continuing offence, £5 for each day during which the offence continues after conviction ".

Section 99 (Powers of entry)

In subsection (6) (penalty for disclosing trade secrets obtained on entry to a factory etc.), for the words from " one hundred pounds " to the end of the subsection there shall be substituted the words " £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both ".

Section 102 (Power to require information as to ownership of land)

For the words from " and any person who, having " to the end of the section there shall be substituted the following subsections—

“(2) Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be liable on summary conviction to a fine not exceeding £100.

(3) Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.”.

The Act of 1959

Section 36 (Notification of application for planning permission to owners of the land and others)

In subsection (6) (penalty for false certificate under section 36(1)), for the words " not exceeding fifty pounds " there shall be substituted the words " not exceeding £100 ".

Section 105.

SCHEDULE 9 Adaptation and Interpretation of Enactments, etc.

PART I General Provisions for Adaptation and Interpretation

1 For the purposes of the Act of 1947, this Act, any other enactment relating to town and country planning, the [1963 c. 51.] Land Compensation (Scotland) Act 1963 and Part II of the [1967 c. 1.] Land Commission Act 1967, the development plan for any area (whether the whole or part of the district of a local planning authority) shall be taken as consisting of—

(a) the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State's notice of approval of the plan ;

(b) any alterations to that plan, together with the Secretary of State's notices of approval thereof;

(c) any provisions of a local plan for the time being applicable to the area, together with a copy of the authority's resolution of adoption or, as the case may be, the Secretary of State's notice of approval of the local plan ; and

(d) any alterations to that local plan, together with a copy of the authority's resolutions of adoption or, as the case may be, the Secretary of State's notices of approval thereof.

2 References in paragraph 1 above to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

3 References in paragraphs 1 and 2 above to notices of approval shall, in relation to any plan or alteration made by the Secretary of State under section 12 of this Act, be construed as references to notices of the making of the plan or alteration.

4 Any reference in the Town and Country Planning (Scotland) Acts 1947 to 1966 to the carrying out of a survey or the preparation, approval, making or amendment of a development plan under Part II of the Act of 1947 or to a plan or amendment approved or made under the said Part II shall be construed as a reference to the carrying out of a survey or the preparation, approval, adoption, making or amendment of a structure plan or local plan under Part I of this Act or, as the case may be, to a plan or amendment approved, adopted or made thereunder.

5 References in any Act to the acquisition of land under Part III of the Act of 1947 or to land acquired thereunder shall be respectively construed as, or as including (according as the context requires) references to the acquisition of land under any provision of this Act and to land acquired under any such provision, and—

(a) any such references in sections 24 to 28 of the Act of 1945 (ancillary provisions as to the acquisition of land) shall be respectively construed as also including references to the compulsory acquisition of land under any enactment other than the Act of 1947 and this Act and to land compulsorily acquired under any such enactment; and

(b) in section 17(1B) of the Act of 1947 (effect of purchase notice accepted by local planning authority or statutory undertakers), and section 17(2) of that Act (confirmation of purchase notice by Secretary of State), references to compulsory acquisition shall, in the case of statutory undertakers, be construed as references to any statutory provision (however expressed) under which the undertakers have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

6 Any reference in the [1963 c. 51.] Land Compensation (Scotland) Act 1963 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

7 The foregoing provisions of this Schedule shall have effect subject to any specific provision contained in Part II of this Schedule and to the provisions of Schedule 10 to this Act.

PART II Specific Adaptations, Amendments and Modifications

The Town and Country Planning (Scotland) Act 1945 (c. 33)

8 In section 18(4) (consent of Secretary of State to disposal or appropriation of certain land) after the word " section " there shall be inserted the words " or of land acquired or appropriated for planning purposes for a reason mentioned in section 29(1)(a) to (c) of the Town and Country Planning (Scotland) Act 1969 ".

9 In section 18(5) (special provisions as to land comprised in an area of comprehensive development) for the words " comprised in an area defined by a development plan as an area of comprehensive development" there shall be substituted the words " acquired or appropriated for planning purposes for a reason mentioned in section 29(1)(a) to (c) of the Town and Country Planning (Scotland) Act 1969 ".

The Town and Country Planning (Scotland) Act 1947 (c. 53)

10 Any reference to section 35 of the Act shall be construed (according as the context may require) as including, or as being replaced by, a reference to section 29 of this Act.

11 In section 12 (applications for planning permission)—

(a) in subsection (1), after the word " provisions " (where first occurring) there shall be inserted the words " of sections 66 and 67 of the Act of 1969 and ";

(b) in subsection (3)(a), after the word " authority " there shall be inserted the words " either indefinitely or ".

12 In section 17 (obligation to purchase land on refusal of planning permission in certain cases), the following amendments shall be made:—

(a) after subsection (1A) of that subsection there shall be inserted the following subsection:—

“(1AA) Where the local planning authority upon whom a purchase notice is served under this section do not, within the period specified in subsection (1A) above, serve a notice under that subsection on the owner by whom the purchase notice was served, the purchase notice shall be deemed to be confirmed at the expiration of that period, and the authority shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part III of this Act, and to have served a notice to treat in respect thereof at the expiration of the said period.”;

(b) in subsection (1B), for the words "the last foregoing subsection " (in both places where they occur) there shall be substituted the words " subsection (1A) above ";

(c) in subsection (3), the words " the end of the period specified in subsection (1A) of this section " and the words " whichever is the earlier " shall cease to have effect;

(d) in subsection (7), after the word " purpose " there shall be inserted the words " or the persons, authorities and undertakers concerned have agreed to dispense with such a hearing ".

13 In section 22 (supplementary provisions as to enforcement)—

(a) in subsection (1), for the words "sheriff under the last foregoing section" there shall be substituted the words " Secretary of State ";

(b) in subsection (2) for the words " any development" there shall be substituted the words " any breach of planning control (as defined by section 15 of the Act of 1969)

and for the words " by whom the development was carried out " there shall be substituted the words " by whom the breach of planning control was committed ".

14 In section 23(1) (agreements regulating development or use of land), the words " with the approval of the Secretary of State " shall be omitted.

15 In section 28(4) (duty of Secretary of State to notify owner etc. of building when it has become, or ceased to be, listed), for the words "the Secretary of State shall serve a notice " there shall be substituted the words " the local planning authority concerned in whose district the building is situated, on being informed of the fact by the Secretary of State, shall serve a notice in the prescribed form ".

16 In section 29(1)(d) (enforcement of control of advertising), after the words " this Act" there shall be inserted the words " or Part II of the Act of 1969 ".

17 In section 29(4) (definition of areas of special control in connection with advertisements), the words from " either" to first " or " shall be omitted.

18 In section 30(2) (compensation for restrictions on advertising), for the words " the date on which the regulations come into force " there shall be substituted the words " 16th August 1948 ".

19 In section 32(3) (local authority land), after the words " this Part of this Act", where they first occur, there shall be inserted the words " and Part II of the Act of 1969 ", and after the words " this Part of this Act", where they subsequently occur, there shall be inserted the words " or Part II of the Act of 1969 ".

20 In section 38(5) (acquisition by agreement of buildings of architectural or historic interest), for the words from " any building " to the end of the subsection there shall be substituted the following paragraphs :—

“(a) any building appearing to them to be of special architectural or historic interest; and

(b) any land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.”

21 In section 39(1) (appropriation of land for planning purposes), the words " specified in a development plan (being a purpose " shall cease to have effect.

22 In section 42(1) (objections to compulsory purchase orders), for the words from the beginning to " purpose" there shall be substituted the words " Where it is proposed that land should be acquired compulsorily under section 29 or 30 of the Act of 1969 ".

23 In section 73(2) (authorisation of existing development), for the words " Part II of this Act" there shall be substituted the words " Part II of the Act of 1969 ".

24 In section 78(1) (power to modify Act in relation to minerals), after the words " of this Act" there shall be inserted the words " and of the Act of 1969 ".

25 In section 83 (Crown land), the following amendments shall be made:—

(a) in subsection (3)(a), for the words " twenty-one, twenty-four, twenty-six, twenty-seven or thirty-one of this Act" there shall be substituted the words " 24, 26 or 31 of this Act or section 15 or 44 of the Act of 1969 ";

(b) in subsection (4), after the word " Act" there shall be inserted the words " or section 42 of the Act of 1969 ";

(c) for subsection (5) there shall be substituted the following subsections:—

“(5) No enforcement notice shall be served under section 15 of the Act of 1969 in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

(5A) No enforcement notice under section 44 of the Act of 1969 shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.”

26 In section 86(1) (application to National Coal Board of provisions of the Act of 1947 relating to statutory undertakers), after the words " of this Act" (where first occurring) there shall be inserted the words " or of the Act of 1969 ".

27 In section 93 (contributions by Ministers towards compensation paid by local authorities), after the words " section seventeen of this Act)" there shall be inserted the words " or Part II, III, or V of the Act of 1969 ".

28 In section 94(1)(b) (contribution by local authorities and statutory undertakers), at the end there shall be added the words " or Part II or Part V of the Act of 1969 or Schedule 4 to that Act ".

29 In section 95(2) (expenses of local authorities), for the words " section thirty-four of this Act" there shall be substituted the words " the Act of 1969 ".

30 Section 96 (default powers of Secretary of State) shall be amended as follows:—

(a) in subsection (1), for the words from "an enforcement notice " to " section 31 of this Act" there shall be substituted the following words—

“(a) an enforcement notice under section 15 of the Act of 1969 or under the provisions of that section as applied by regulations made under section 29 of this Act; or

(b) a notice under section 31 of this Act; or

(c) a stop notice under section 20 of the Act of 1969 ; or

(d) an enforcement notice under section 44 of that Act; or

(e) a completion notice under section 69 of that Act; should be served ", and for the words in the proviso from " an enforcement notice " to " this Act" there shall be substituted the words " an enforcement notice under section 15 or 44 of the Act of 1969 which is served by the Secretary of State, the provisions of section 22 of this Act or, as the case may be, sections 45 and 46 of that Act”;

(b) for subsection (4)(a) there shall be substituted the following paragraph:—

“(a) that the council of a county or a burgh have failed to take steps for the acquisition of any land which, in the opinion of the Secretary of State, ought to be acquired by that council under section 29 of the Act of 1969 for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated, or”.

31 Section 99 (powers of entry) shall be amended as follows:—

(a) at the end of subsection (1)(c) there shall be added the words " or to serve any notice under Part II or Part V of the Act of 1969 ";

(b) after that subsection there shall be inserted the following subsections:—

“(1A) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building thereon in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 28 of this Act.

(1B) Any person duly authorised in writing by the Secretary of State or a local planning authority may at any reasonable time enter any land for the purpose of ascertaining whether, with respect to any building on the land, an offence has been, or is being, committed under Part V of the Act of 1969, or whether the building is being maintained in a proper state of repair”;

(c) in subsection (2), for the words from " a Minister " to " so designated " there shall be substituted the words " a local authority or Minister authorised to acquire land under section 29 or 30 of the Act of 1969 ";

(d) in subsection (3)(a), at the end there shall be added the words " or under the Act of 1969 ".

32 In section 105(1) (determination of disputes as to compensation), after the words "compulsory acquisition of land)" there shall be inserted the words " or under Part II or Part V or section 91 of the Act of 1969 ".

33 In section 113(1) (interpretation), after the definition of "Act of 1945 " there shall be inserted the following—

• “' Act of 1969 ' means the Town and Country Planning (Scotland) Act 1969;”.

34 In paragraph 1 of Part III of Schedule 1 (joint advisory committees for advising constituent authorities as to preparation of development plans etc.), the reference to development plans shall be construed as a reference to structure plans and local plans.

35 In Schedule 4, in paragraph 1, after the words "of this Act" there shall be inserted the words " or under Part V or section 91 of the Act of 1969 ".

36 In Schedule 5 (development by statutory undertakers), the following amendments shall be made:—

(a) in paragraph 1(1), after the words " such an application " there shall be inserted the words " or such an application is deemed to be made under section 16(7) of the Act of 1969 on an appeal under that section by statutory undertakers ";

(b) after paragraph 1(1) there shall be inserted the following sub-paragraph:—

“(1A) An application for planning permission which is deemed to have been made by virtue of section 19(5) of the Act of 1969 shall be determined by the Secretary of State and the appropriate Minister.”

The Building (Scotland) Act 1959 (c. 24)

37 Section 17(2) (restriction on demolition requirement or on requirement as to operations to be carried out) shall be amended as follows:—

(a) for paragraph (b) there shall be substituted the following paragraph—

“(b) subject to a building preservation notice under section 48 of the Town and Country Planning (Scotland) Act 1969”;

(b) in paragraph (c) for the words " said Act of 1947 " there shall be substituted the words " Town and Country Planning (Scotland) Act 1947 ";

(c) after the words " Act of 1931 " there shall be inserted the words " the said Act of 1969 ".

Town and Country Planning (Scotland) Act 1959 (c. 70)

38 In section 31 (proceedings for challenging validity of certain orders and decisions), the following amendments shall be made :—

(a) at the end of subsection (3) there shall be added the following paragraphs—

“(f) any order under section 22 of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 (extinguishment of right of way);

(g) any order under section 26 of the said Act of 1945 (relief for statutory undertakers);

(h) any order under section 46 of the Act of 1947 (stopping up and diversion of highways);

(i) any order under section 90 of the Act of 1969 (stopping up and diversion of highways);

(j) any order under section 91 of the Act of 1969 (conversion of highway into footpath or bridleway);

(k) any order under section 93 or 94 of the Act of 1969 (stopping up and extinguishment of footpaths etc) ;

(l) any order under Part II of Schedule 4 to the Act of 1969 (revocation or modification of listed building consent).”;

(b) at the end of subsection (4) there shall be added the following paragraphs—

“(f) any decision of the Secretary of State on an appeal to him under section 14 of the [1967 c. 69.] Civic Amenities Act 1967; "

(g) any decision of the Secretary of State on an appeal to him under section 16(1)(a), (f) or (g) of the Act of 1969 against any enforcement notice ;

(h) any decision of the Secretary of State on an application for an established use certificate referred to him under section 19(1) of the Act of 1969 ;

(i) any decision of the Secretary of State on an appeal under section 19(2) of the Act of 1969 ;

(j) any decision of the Secretary of State to confirm a purchase notice under section 42 of the Act of 1969 or not to confirm such a notice (including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice either wholly or in part);

(k) any decision of the Secretary of State to confirm a completion notice under section 69 of the Act of 1969 ;

(l) any decision of the Secretary of State on an application referred to him under paragraph 3 of Schedule 4 to the Act of 1969, being an application for listed building consent for any works;

(m) any decision of the Secretary of State on an appeal to him under paragraph 6 or Part IV of that Schedule ;

(n) any decision of the Secretary of State under paragraph 17(5)(a) of that Schedule to grant listed building consent for any works or under paragraph 17(5)(b) of that Schedule to grant planning permission in respect of any works.”;

(c) in subsection (5)(b), after the words " Act of 1954 " there shall be inserted the words " of the Act of 1969 ".

39 In section 35(1)(b) (certain planning applications not to be determined before end of a specified period), for the words from " appearing from the evidence " onwards there shall be substituted the words " of the application ".

40 In section 36(1) (application for planning permission to be accompanied by certificate that applicant is proprietor or lessee of the land etc.)—

(a) in paragraph (c), for the words " and that" to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so "; and

(b) in paragraph (d), for the words " and that" to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) of this subsection and that he has been unable to do so ".

The Control of Office and Industrial Development Act 1965 (c. 33)

41 In section 17 (application to Scotland), after the words "Act of 1962 " there shall be inserted the words " or of the [1968 c. 72.] Town and Country Planning Act 1968 ".

The Industrial Development Act 1966 (c. 34)

42 In section 24 (provisions as to conditions of industrial development certificates), in subsection (9)(b), for the words after the word " reference" where first occurring there shall be substituted the words " in subsection (3) to section 16 of the Town and Country Planning Act 1968 there shall be substituted a reference to section 16 of the Town and Country Planning (Scotland) Act 1969 ".

The Housing (Scotland) Act 1966 (c. 49)

43 In section 18 (provisions as to houses subject to building preservation orders etc.), in subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) in relation to which a building preservation notice served under section 48 of the Town and Country Planning (Scotland) Act 1969 is in force, or

(b) which is a listed building within the meaning of Part V of that Act ”,

and, in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) subject to a building preservation notice served under the said section 48, or

(b) a listed building within the meaning of the said Part V.”

The Local Government (Scotland) Act 1966 (c. 51)

44 In section 25(3)(c) (exemption from rating of unoccupied property), for the words from " of a building " to " of that Act" there shall be substituted the words " of a building preservation notice as defined by section 48 of the Town and Country Planning (Scotland) Act 1969 or are included in a list compiled or approved under section 28 of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 "

The Land Commission Act 1967 (c. 1)

45 In section 6(3) (conditions precedent to the compulsory purchase of land by the Land Commission), the reference in paragraph (b) to the current development plan shall be construed as a reference to a local plan for the time being applicable to the district and any alterations thereto (including a plan or alterations made available for inspection in pursuance of section 7(2) of this Act, but not yet in force) and the authority's resolutions of adoption or, as the case may be, the Secretary of State's notices of approval or making of the plan or alterations.

The Civic Amenities Act 1967 (c. 69)

46 In section 1 (preservation of character of areas of special architectural or historic interest), at the end of subsection (5)(b) there shall be added the words " or the Scottish Planning Act of 1969 ".

47 In section 3 (acts causing or likely to result in damage to listed buildings), for subsection (4) there shall be substituted the following subsection—

“(4) In the application of this section to Scotland—

(a) in subsection (1), for the references to section 41(1) of the Planning Act of 1968 and section 32 of the Planning Act there shall be substituted respectively references to section 41(1) of the Scottish Planning Act of 1969 and section 28(1) of the Scottish Planning Act;

(b) in subsection (2), for the references to the Planning Act and to Part V of the Planning Act of 1968 there shall be substituted respectively references to the Scottish Planning Act and Part V of the Scottish Planning Act of 1969.”

48 In section 6 (works to preserve listed buildings etc.), in subsection (2), for the words from " the proviso " to the end there shall be substituted the words " subsection (2) of section 48 of the Scottish Planning Act of 1969 ".

49 In section 8 (management of buildings acquired under section 38 of the Scottish Planning Act), in subsection (3)(b), for the words after the word " references " where first occurring there shall be substituted the words " to section 71(1)(b) of the Planning Act, sections 50(1) and 50(2) of the Planning Act of 1968 there shall be substituted respectively references to section 38(5) of the Scottish Planning Act, sections 50(1) and 50(2) of the Scottish Planning Act of 1969 ".

50 In section 14 (default powers and appeals relating to notices in connection with tree preservation orders), for paragraph (b) of subsection (5) there shall be substituted the following paragraph—

“(b) in subsection (3), for the words from ' section 16(2)' onwards there shall be substituted the words ' section 16(2), (3) and (4)(a) of the Town and Country Planning (Scotland) Act 1969 and so much of section 16(5) of that Act as enables the Secretary of State to give directions shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice '”.

51 In section 16 (power of local planning authority to make tree preservation order with immediate effect)—

(a) in subsection (1), the words "by the Minister" shall be omitted; and

(b) for subsections (2) and (3) there shall be substituted the following subsections:—

“(2) Notwithstanding section 26(4) of the Scottish Planning Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until—

(a) the expiration of a period of six months beginning with the date on which the order was made ; or

(b) the date on which the order is confirmed or, in the case of an order which can be confirmed only by the Minister, on which he notifies the authority who made the order that he does not propose to confirm it;

whichever first occurs.

(3) Provision shall be made by regulations under the Scottish Planning Act for securing—

(a) that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction ; and

(b) that where the Minister, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) above, notifies the authority that he does not propose to confirm the order, copies of that notice shall be served on the owners, occupiers and lessees of the land to which the order related.”.

52 In section 30 (interpretation), in subsection (1), after the definition of "the Scottish Planning Act" there shall be inserted the following—

• “" the Scottish Planning Act of 1969 " means the Town and Country Planning (Scotland) Act 1969”.

Section 106.

SCHEDULE 10 Transitional Provisions and Sayings

Development plans

1 Until the repeal of the enactments in Part II of the Act of 1947 mentioned in Schedule 11 to this Act as respects any area (Whether the whole or part of the district of a local planning authority), proposals for any alterations or additions to a development plan in force in the area shall not without the approval of the Secretary of State be submitted to him under section 4 of that Act.

2 On the repeal of the said enactments in the said Part II as respects any area, the development plan which was in force in the area immediately before the repeal takes effect (hereafter in this Schedule referred to as " the old development plan ") shall, subject to the following provisions of this Schedule, continue in force as respects that area and be treated for the purposes of the Act of 1947, this Act, any other enactment relating to town and country planning, the [1963 c. 51.] Land Compensation (Scotland) Act 1963 and the [1967 c. 1.] Land Commission Act 1967 as being comprised in, or as being, the development plan therefor.

3 Subject to the following provisions of this Schedule, where by virtue of paragraph 2 above the old development plan for any area is treated as being comprised in a development plan for that area and there is a conflict between any of its provisions and those of the structure plan for that area, the provisions of the structure plan shall be taken to prevail for the purposes of Parts II and III of the Act of 1947, Part II of the Act of 1954, Part IV of the Act of 1959, Parts II and VI of this Act and Schedule 4 to this Act.

4 Where a structure plan is in force in any area, but no local plan is in force in that area, a street authorisation map prepared in pursuance of the [S.I. 1966/1385.] Town and Country Planning (Development Plans) (Scotland) Regulations 1966 for that area shall—

(a) if in force immediately before the structure plan comes into force, be treated for the purposes of this Act as having been adopted as a local plan by the local planning authority ;

(b) if immediately before the structure plan comes into force it was under consideration by the Secretary of State, be treated for those purposes as having been so adopted on being approved by the Secretary of State.

5 Where a structure plan is in force in any area, but no local plan is in force in that area, then, for any of the purposes of the Land Compensation (Scotland) Act 1963—

(a) the development plan or current development plan shall, as respects that area, be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, that is to say, the structure plan, so far as applicable to the area, and any alterations thereto, together with the Secretary of State's notice of approval of the plan and alterations, or the old development plan ;

(b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as aforesaid, that is to say, any area wholly or partly within the area first-mentioned in this paragraph selected by the structure plan as an action area or the area so defined in the old development plan.

6 Subject to paragraph 7 below, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the district of a local planning authority or in its application to part of that district and make such consequential amendments to the plan as appear to him to be necessary or expedient.

7 Before making an order with respect to a development plan under paragraph 6 above, the Secretary of State shall consult with the local planning authority for the district to which the plan relates.

8 Any reference in paragraphs 1 and 2 above to the repeal of Part II of the Act of 1947 shall, in a case where that repeal is brought by an order under section 104 of this Act into operation on different days, be construed as a reference to a repeal of such of the provisions of the said Part II as may be specified in the order.

Enforcement of planning control

9 (1) References in this Act to an enforcement notice shall be construed as not including references to an enforcement notice served, before the commencement of Part II of this Act, under section 21 of the Act of 1947.

(2) In relation to an enforcement notice so served, the provisions of the Act of 1947, and of any other Act passed before this Act, shall continue to apply as if this Act had not been passed.

(3) Nothing in this paragraph shall prevent the withdrawal, after the said commencement, of an enforcement notice so served or the service thereafter of an enforcement notice under Part II of this Act.

10 The amendment of section 14 of the [1967 c. 69.] Civic Amenities Act 1967 which is made by paragraph 50 of Schedule 9 to this Act shall not have effect in relation to a notice served under that section before the commencement of Part II of this Act.

Acquisition of land

11 Sections 28 to 30 of this Act shall not apply to any land the acquisition of which was, immediately before the commencement of those sections, authorised by a compulsory purchase order made by a local authority or statutory undertakers or by a Minister, or was then proposed to be authorised by such an order which had not been confirmed by a Minister or, as the case may be, had been prepared in draft by a Minister, but with respect to which a notice had then been published in accordance with paragraph 3(a) of Schedule 1 to the Acquisition Act 1947.

12 Section 31 of this Act shall not apply to the compulsory acquisition of land with respect to which a compulsory purchase order was in force before the commencement of that section.

13 In relation to a notice served under section 38 of the Act of 1959 before the commencement of sections 34 and 35 of this Act, and to any hereditament or agricultural unit which is the subject of the notice, Part IV of and Schedule 5 to the Act of 1959 shall, after that commencement, have effect without any of the amendments made by Part IV of this Act.

14 (1) Notwithstanding any amendment by this Act of sections 38 to 42 of, and Schedule 5 to, the Act of 1959, the description of land contained in section 38(1)(b) of that Act (land allocated by a development plan for the purposes of a government department, etc.) shall continue as one of the specified descriptions for the purposes of those sections and that Schedule in their application to any district to which this paragraph applies.

(2) This paragraph applies to any area for which no local plan is in force under Part I of this Act—

(a) allocating any land in the area for the purposes of such functions as are mentioned in section 34(1)(a) of this Act; or

(b) defining any land in the area as the site of proposed development for the purposes of any such functions.

(3) To the extent that section 38(1)(b) of the Act of 1959 survives by virtue of this paragraph, and for so long as it does so, the amendment by this Act of the definition of " the relevant date " in section 42(5) of that Act shall be treated as not displacing the reference in that definition to section 38(1)(b).

15 The validity of a compulsory purchase order made under section 34, 35 or 38 of the Act of 1947 shall not be affected by the repeal of that section; and a compulsory purchase order made (but not confirmed), or made in draft, before the repeal of that section took effect may be confirmed or made thereunder as if this Act had not been passed.

Buildings of architectural or historic interest

16 (1) Where, before the commencement of Part V of this Act, consent under a building preservation order has been given, either by the local planning authority or by the Secretary of State on appeal, for the execution of any works, the consent shall operate in respect of those works as listed building consent, subject to the same conditions (if any) as were attached to the consent under the building preservation order.

(2) In the case of demolition works for which consent has been given under a building preservation order compliance with section 40(4)(b) of this Act shall not be required.

17 Where, before the commencement of Part V of this Act an application has been made for consent under a building preservation order for any works, any proceedings pending at the commencement of Part V of this Act and arising out of the application (including any appeal) may be continued and disposed of under and in accordance with the provisions of Part V of this Act corresponding to provisions of the building preservation order as to the making of applications, the decision of the local planning authority thereon and appeals to the Secretary of State against the said decision.

18 The repeal by this Act of section 27 of the Act of 1947 shall not prevent a local planning authority from taking such proceedings as could have been taken to enforce any building preservation order made under that section and for securing the restoration of a building to its former state as could have been taken but for the repeal; and in relation to any such proceedings the provisions of the order and of any provisions of the Act of 1947 incorporated therewith, shall continue to have the same effect as if this Act had not been passed.

The National Coal Board

19 The provisions of the Act of 1947 applied by regulations under section 86(1) of that Act in relation to the National Coal Board and land of that Board shall, until the coming into operation of the first regulations made under that subsection after the commencement of sections 70 to 72 of this Act, continue to have effect as so applied as if those sections had not been enacted.

Section 107.

SCHEDULE 11 Enactments Repealed

Chapter	Short Title	Extent of Repeal
8 & 9 Geo. 6. c. 33.	The Town and Country Planning (Scotland) Act 1945.	Section 24(7), (subject to the exception in section 71(3) of this Act).
		Schedule 6.
10 & 11 Geo. 6. c. 53.	The Town and Country Planning (Scotland) Act 1947.	Sections 3 to 9.
		In the proviso to section 10(5), sub-paragraph (i).
		In section 14(1), the proviso.
		In section 16(5), in the proviso, the words from " or begun " to the end.
		In section 16(6), the words from " or was begun " to the end.
		In section 17(3), the words " the end of the period specified in subsection (1A) of this section " and the words " whichever is the earlier ".
		Section 21.
		In section 23(1), the words " with the approval of the Secretary of State ".
		In section 26(5), the words from " and such regulations " to " to which it relates ".
		Section 27.
		Section 28(5) to (8).
		In section 29(4), the words from " either " to " plans or ".
		In section 30(2), the proviso.
		Sections 33 to 36.
		In section 37(1), the words in parenthesis.
		Section 38, except subsection (5).
		In section 39(1), the words from " specified " to " a purpose ".
		In section 42, subsection (3), in subsection (4), the words in parenthesis, in the proviso to that subsection the words from " or the land" to " subsection " and paragraph (b), (subject to the exception in section 71(3) of this Act), and subsection (6).
		Section 72(9).
		In section 83, in subsection (2)(a), the words from " and may " to " acquisition ", and subsection (3)(b).
		In section 84, in paragraph (a) of the proviso, the words " the Commissioners of Crown Lands or by ".
		Section 96(2)(e).
		In section 107(4), the words " the foregoing provisions of".
		In section 113(1), the definitions of " building preservation order" and " development plan ".
		In Schedule 5, paragraphs 1(2), 2(1)(a), 3(2) and 4(2), (subject to the exception in section 71(3) of this Act).
		In Schedule 6, paragraph 7.
		In Schedule 10, paragraph 17.
1 & 2 Eliz. 2. c. 36.	The Post Office Act 1953.	In section 47(5), the words " or the Town and Country Planning (Scotland) Act 1947 ".
		In Schedule 1, paragraphs 4 to 7.
5 & 6 Eliz. 2. c. 48.	The Electricity Act 1957.	Section 36.
6 & 7 Eliz. 2. c. 30.	The Land Powers (Defence) Act 1958.	Section 8(4).
7 & 8 Eliz. 2. c. 70.	The Town and Country Planning (Scotland) Act 1959.	In section 31, subsection (3)(d), in subsection (4)(d), the words " or section twenty-seven ", in subsection (5), in the proviso, the words " or section twenty-seven ", in subsection (9), the proviso and, in subsection (10), the words from " do not include " to " (with that exception)".
		Section 38(1)(a) and (b).
		In section 42, in subsection (5), in the definition of " the relevant date", the word " designated" wherever it occurs, and subsection (6).
		In Schedule 5, paragraphs 6, 7. 11(3) and 12(3).
9 & 10 Eliz. 2. c. 15.	The Post Office Act 1961.	In the Schedule, so much as amends paragraphs 5, 6 and 7 of Schedule 1 to the Post Office Act 1953.
1963 c. 51.	The Land Compensation (Scotland) Act 1963.	In section 16, the word " designation ".
		In section 45(1), the words " by the Secretary of State ".
1966 c. 49.	The Housing (Scotland) Act 1966.	Section 176.
1967 c. 1.	The Land Commission Act 1967.	Section 6(3)(c).
1967 c. 69.	The Civic Amenities Act 1967.	In section 1(6), paragraphs (b) and (c).
		Section 2.
		In section 6(2), the words " in respect of which a building preservation order is in force or".
		Sections 7, 9 and 10.
		In section 16(1), the words "by the Minister".
1968 c. 16.	The New Towns (Scotland) Act 1968.	Sections 15 to 17,
		Schedule 7.
1968 c. 72.	The Town and Country Planning Act 1968.	In Schedule 9, paragraphs 66(b) and 71(c).