Part V General, Financial and Supplementary
78 Interpretation
1
In this Act unless the context otherwise requires—
“the Act of 1947” means the M1Town and Country Planning (Scotland) Act 1947;
“agricultural land” means land used for the purposes of agriculture within the meaning of section 86(3) of the M2Agriculture (Scotland) Act 1948 and “agricultural purposes” shall be construed accordingly;
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“boat” includes any hover vehicle or craft being a vehicle or craft designed to be supported on a cushion of air and which is used on or over water;
“the countryside” has the meaning assigned to it by section 2 of this Act;
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“enactment” has the same meaning as in the Act of 1947;
F3“footway” has the same meaning as in the Roads (Scotland) Act 1984;
“function” includes power and duty;
“interest”, in relation to land, includes any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting and fishing rights;
“land” includes land covered by water and, in relation to the acquisition or disposal of land by virtue of this Act, any right or interest in or over land;
“livestock rearing land” has the meaning assigned to it by section 1(3) of the M3Livestock Rearing Act 1951;
“local authority” F4means a regional, islands or district council;
“local planning authority” F5means a general, regional or district planning authority within the meaning of Part IX of the M4Local Government (Scotland) Act 1973.
“open country” has the meaning assigned to it by section 10(2) of this Act;
“owner”, in relation to land, means the person who, for the time being, receives, or, if the land were let, would be entitled to receive the rent of the land, or who, in the case of land which is unlet, is entitled to occupy the land, and includes any trustee, tutor, curator, factor, agent or other person receiving the rent on behalf of any other person, and also a joint owner;
“prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State subject to annulment in pursuance of a resolution of either House of Parliament;
“public body” includes any local authority, local planning authority or statutory undertaker, and any trustees, commissioners, board or other persons who as a public body and not for their own profit act under any enactment for the improvement of any place or the production or supply of any commodity or service;
F6“refreshments” includes alcoholic liquor within the meaning of the M5Licensing (Scotland) Act 1976;
F7“road” has the same meaning as in the Roads (Scotland) Act 1984;
“statutory undertakers” and “statutory undertaking” have the meanings assigned to them by section 113 of the Act of 1947;
“waterway” means any loch, lake, river, reservoir, canal or other waters, being (in any case) water suitable, or which can reasonably be rendered suitable, for sailing, boating, bathing, fishing or other water sport or recreation.
C12
References in this Act to the conservation of natural beauty of an area shall be construed as including references to the conservation of features of geological or physiographical interest therein and of the flora and fauna thereof.
3
References in this Act to any enactment are references to that enactment as amended by or under any subsequent enactment including this Act.