Town and Country Planning (Scotland) Act 1997

Preliminary

100 Scope of Chapter II

(1) This Chapter shall have effect in relation to land falling within any paragraph of Schedule 14 (land affected by planning proposals of public authorities etc.); and in this Chapter such land is referred to as “blighted land”.

(2) Subject to the provisions of sections 112 and 113, an interest qualifies for protection under this Chapter if—

(a) it is an interest in a hereditament or part of a hereditament and on the relevant date it satisfies one of the conditions mentioned in subsection (3), or

(b) it is an interest in an agricultural unit or part of an agricultural unit and on the relevant date it is the interest of an owner-occupier of the unit;

and in this Chapter such an interest is referred to as “a qualifying interest”.

(3) The conditions mentioned in subsection (2)(a) are—

(a) that the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest is the interest of an owner-occupier of the hereditament, or

(b) that the interest is the interest of a resident owner-occupier of the hereditament.

(4) The Secretary of State may by regulations substitute for any reference in this Chapter to “annual value” or “hereditament” such other reference as he may consider appropriate; and such regulations may make such supplemental or consequential amendments of this Act or any other enactment whether passed before or after this Act as the Secretary of State thinks fit.

(5) In this section “the relevant date”, in relation to an interest, means the date of service of a notice under section 101 in respect of it.

(6) In this Chapter “blight notice” means a notice served under section 101.