Town and Country Planning (Scotland) Act 1997

Power to modify compensation provisions

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

(a) section 65 modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste, or

(b) section 71, and paragraph 1, 3, 5 or 6 of Schedule 8 with respect to such winning and working or depositing,

that sections 76, 83, 87, 232 and 233 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 sub-paragraph (1), such regulations 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) Such regulations shall be of no effect unless 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 of—

(a) persons carrying out mining operations;

(b) owners of interests in land containing minerals;

(c) planning authorities.