Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

196 General interpretation of these provisions. S

(1) Subject to the following provisions of this section, in these provisions the following expressions have the meanings hereby assigned to them respectively, that is to say:—

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

• “agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;

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

• “the claimant” has the meaning assigned to it by section 182(4) of this Act;

• [F1 “cottar” has the same meaning as in section 28(4) of the M1 Crofters (Scotland) Act 1955;

• “crofter” has the same meaning as in section 3(2) of the M2 Crofters (Scotland) Act 1955];

• “hereditament” means the aggregate of the lands and heritages (not being agricultural lands and heritages within the meaning of section 7 of the M3 Valuation and Rating (Scotland) Act 1956) which form the subject of a single entry in the valuation roll for the time being in force for a valuation area;

• “special enactment” means a local enactment, or a provision contained in an Act other than a local or private Act, being a local enactment or provision authorising the compulsory acquisition of land specifically identified therein; and in this definition “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

• “these provisions”, “the specified descriptions” and “blight notice” have the meanings assigned to them respectively by section 181(6) of this Act.

(2) Where any land is on the boundary between two or more valuation areas, and accordingly—

(a) different parts of that land form the subject of single entries in the valuation rolls for the time being in force for those areas respectively; but

(b) if the whole of that land had been in one of those areas, it would have formed the subject of a single entry in the valuation roll for that area,

the whole of that land shall be treated, for the purposes of the definition of “hereditament” in subsection (1) of this section, as if it formed the subject of a single entry in the valuation roll for a valuation area.

(3) Land which forms the subject of an entry in the valuation roll by reason only that it is land over which any shooting, fishing or other sporting rights are exercisable, or that it is land over which a right of exhibiting advertisements is let out or reserved, shall not be taken to be a hereditament within the said definition.

(4) Where, in accordance with subsection (2) of this section, land whereof different parts form the subject of single entries in the valuation rolls for the time being in force for two or more valuation areas is treated as if it formed the subject of a single entry in the valuation roll for a valuation area, the definition of “annual value” in subsection (1) of this section shall apply as if any reference therein to a value shown in the valuation roll were a reference to the aggregate of the values shown (as rateable values or as net annual values, as the case may be) in those valuation rolls in relation to the different parts of that land.

(5) In this section “date of service” has the same meaning as in section 192 of this Act.

Textual Amendments

F1 Definitions inserted by Crofting Reform (Scotland) Act 1976 (c. 21), s. 11, Sch. 1 para. 6

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. 196 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)

C3 Definition of 'agricultural unit' applied (30.9.1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 52(1); S.I. 1991/2508, art.2

Marginal Citations

M1 1955 c. 21.

M2 1955 c. 21.

M3 1956 c. 60.