Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

118 Provisions as to churches and burial grounds. S

(1) Any land, consisting of a church or other building used or formerly used for religious worship, or the site thereof, or a burial ground, which has been acquired by a Minister, a. . . F1 planning authority or statutory undertakers under this Part of this Act or compulsorily under any other enactment, or which has been appropriated by a. . . F1 planning authority for planning purposes, may, subject to the following provisions of this section—

(a) in the case of land acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b) in any other case, be used by any person in any manner in accordance with planning permission,

notwithstanding anything in any enactment relating to churches or such other buildings as aforesaid or to burial grounds or any obligation or restriction imposed under any deed or agreement or otherwise as respects that church or other building or burial ground:

. . . F2

[F3 (1A) In the case of land—

(a) which has been acquired by the Secretary of State under section 79(1) of the National Health Service (Scotland) Act 1978; and

(b) which is held, used or occupied by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990,

subsection (1) of this section shall apply with the omission of paragraph (a) and, in paragraph (b), of the words “in any other case”.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 , no authority shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments.

(4) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1) of this section.

(5) In this section “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and includes part of a burial ground; and “monument” includes a tombstone or other memorial and any fixtures or furnishings.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Proviso repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F3 S. 118(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 7

F4 Ss. 114(3)(4), 115(2), 118(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F5 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C1 S. 118 extended by Airports Authority Act 1975 (c. 78), s. 17(6)(7)(d) and Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4; modified by Civil Aviation Act 1982 (c.16), s. 54(1)

C2 S. 118 extended by Telecommunications Act 1984 (c. 12, SIF 96), s. 35(4)(a)

C3 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C4 S. 118 applied by Airports Act 1986 (c. 31, SIF 9), s. 59(6)(b)

C5 S. 118 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 2(2)(d)(9) (with s. 112(3), Sch. 17 para. 35(1))

C6 Ss. 108(2), 117-119, 121 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2