Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

192 Meaning of “owner-occupier” and “resident owner-occupier”. S

(1) Subject to the following provisions of this section, in these provisions “owner-occupier”, in relation to a hereditament, means a person who—

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

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

(2) Subject to the following provisions of this section, in these provisions “owner-occupier”, in relation to an agricultural unit, means a person who—

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

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

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

(3) In these provisions “resident owner-occupier”, in relation to a hereditament, means an individual who—

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

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

(4) In this section “owner’s interest”, in relation to a hereditament or agricultural unit, or part thereof, includes the interest of [F1 (a)] the lessee under a lease thereof, being a lease the unexpired period of which on the date of service is not less than three years [F2 and (b) a crofter or cotter therein]; and “date of service”, in relation to a hereditament or agricultural unit, means the date of service of a notice in respect thereof under section 182 of this Act.

Textual Amendments

F1 Word inserted by Crofting Reform (Scotland) Act 1976 (c. 21), s. 11, Sch. 1 para. 5

F2 Words inserted by Crofting Reform (Scotland) Act 1976 (c. 21), s. 11, Sch. 1 para. 5

Modifications etc. (not altering text)

C1 Ss. 181–196 modified by Local Government, Planning and Land Act 1980 (c. 65), s. 147(3)

C2 S. 192 extended by Land Compensation (Scotland) Act 1973 (c. 56) ss. 73(1), 77(5); amended by Land Compensation (Scotland) Act 1973 (c. 56), s. 77(4)