Town and Country Planning (Scotland) Act 1997

120 “Appropriate authority” for purposes of Chapter II. S

(1) Subject to the following provisions of this section, in this Chapter “the appropriate authority”, in relation to any land, means the government department, local authority or other body or person by whom, in accordance with the circumstances by virtue of which the land falls within any paragraph of Schedule 14, the land is liable to be acquired or is indicated as being proposed to be acquired or, as the case may be, any right over the land is proposed to be acquired.

(2) If any question arises—

(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a local roads authority,

(b) which of two or more local roads authorities is the appropriate authority in relation to any land for those purposes, or

(c) which of two or more local authorities is the appropriate authority in relation to any land for those purposes,

that question shall be referred to the Secretary of State, whose decision shall be final.

(3) If any question arises as to which authority is the appropriate authority for the purposes of this Chapter—

(a) section 102(2) shall have effect as if the reference to the date of service of the blight notice were a reference to that date or, if it is later, the date on which that question is determined,

(b) section 113(4)(b) shall apply with the substitution for the period of 6 months of a reference to that period extended by so long as it takes to obtain a determination of the question, and

(c) section 119(1)(b), (2)(b) and (3)(b) shall apply with the substitution for the reference to 12 months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.

(4) In relation to land falling within paragraph 5, 6 or 7 of Schedule 14, until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area, this Chapter shall have effect as if “the appropriate authority” were the Secretary of State.

[F1 (5) In relation to land falling within paragraph 18 of Schedule 14, “the appropriate authority” is—

(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;

(b) in any other case, the Secretary of State.

(6) If any question arises by virtue of subsection (5)—

(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or

(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,

that question shall be referred to the Secretary of State, whose decision shall be final.

(7) In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.]

Textual Amendments

F1 S. 120(5)-(7) inserted (6.4.2009 for specified purposes, 1.3.2010 in so far as not already in force) by Planning Act 2008 (c. 29), ss. 176(7), 241(8) (with s. 226); S.I. 2009/400, art. 4(a), S.I. 2010/101, art. 5 (with art. 6)