Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

[F1 167A F1 Regulations as to compensation in respect of orders relating to mineral working. S

(1) The Secretary of State may by regulations made with the consent of the Treasury provide, in relation to orders made under—

(a) section 42 of this Act modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste; or

(b) section 49, 49A or 49B of this Act with respect to such winning and working or depositing,

that sections 153, 159, 167, 226 and 227 of this Act shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made by virtue of this section may make provision—

(a) as to circumstances in which compensation is not to be payable;

(b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases, and incidental or supplementary provision.

(3) No regulations under this section shall have effect until approved by a resolution of each House of Parliament.

(4) Before making any such regulations, the Secretary of State shall consult such persons as appear to him to be representative—

(a) of persons carrying out mining operations;

(b) of owners of interests in land containing minerals;

(c) of planning authorities.]

Textual Amendments

F1 S. 167A substituted (24.1.1992) by Planning and Compensation Act 1991 (c.34, SIF 123:2), s. 51, Sch. 8 para.11 (with ss. 53, 84(5)); S.I. 1992/71, art. 2

Modifications etc. (not altering text)

C1 S. 167A modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(6) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

S. 167A modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(6) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2