New Towns (Scotland) Act 1968

47 Interpretation

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• " acquiring authority ", in relation to the acquisition under or for the purposes of this Act of any land (whether compulsorily or by agreement) or to a proposal so to acquire any land, means the development corporation, local highway authority or Minister of the Crown by whom the land is, or is proposed to be, acquired ;

• " the Act of 1845 " means the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845;

• " the appropriate Minister "—

  (a)

  in relation to statutory undertakers carrying on an undertaking for the supply of gas or hydraulic power, means the Minister of Power;

  (b)

  in relation to statutory undertakers carrying on an undertaking for the supply of electricity or water, means the Secretary of State ; and

  (c)

  in relation to any other statutory undertakers, means the Minister of Transport;

• " the arbiter " or " the official arbiter " means the official arbiter appointed under section 2 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963;

• " common " includes any town or village green ;

• " compulsory purchase order " means an order under section 7(1), 8(1) or 8(2) of this Act;

• " development" includes re-development and " develop " shall be construed accordingly ;

• " development corporation " has the meaning assigned by section 2 of this Act;

• " enactment " includes an enactment in any local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament;

• " exciseable liquor " has the meaning assigned by section 199(1) of the [1959 c. 51.] Licensing (Scotland) Act 1959 ;

• " held inalienably ", in relation to land belonging to the National Trust, means that the land is inalienable under section 22 of the Order confirmed by the [26 Geo. 5 & 1 Edw. 8. c. ii.] National Trust for Scotland Order Confirmation Act 1935;

• " land " includes land covered with water and any interest in land and any servitude or right in or over land;

• " local authority " means a county, town or district council, and includes any joint board or joint committee of which all the constituent authorities are such local authorities as aforesaid, but does not include a regional water board;

• " local highway authority" means a highway authority other than the Secretary of State ;

• " local planning authority" means the local planning authority for the purposes of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;

• " National Trust" means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the [26 Geo. 5 & 1 Edw. 8. c. ii.] National Trust for Scotland Order Confirmation Act 1935 ;

• " open space " means any land laid out as a public garden, or used for purposes of public recreation, or any disused burial ground;

• " operational land ", in relation to statutory undertakers, means land which is used for the purpose of the carrying on of their undertaking and land in which an interest is held for that purpose, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings;

• " owner", in relation to any building or land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the building or land to the promoters of an undertaking, and includes also a lessee under a lease or agreement the unexpired period of which exceeds three years ;

• " planning permission " means planning permission under the Town and Country Planning (Scotland) Act 1947 ;

• " prescribed" (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• " regional water board" has the meaning assigned to it by section 34(1) of the [1967 c. 78.] Water (Scotland) Act 1967;

• " statutory undertakers " means persons authorised by any enactment to construct, work or carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water, and " statutory undertaking " shall be construed accordingly;

• " trolley vehicle " means a mechanically propelled vehicle adapted for use on roads without rails and moved by power transmitted to it from some external source;

• " Valuation Office " means the Valuation Office of the Inland Revenue Department;

• " valuation roll" means the valuation roll for the year current at the time when the notice is served, or, if the notice is served after 15th May and before 1st October in any year, the valuation roll for the preceding year.

(2) Any reference in this Act to the area of a new town is a reference to the area designated as the site of that new town by an order under section 1 of this Act.

(3) Any reference in this Act to the Secretary of State and the appropriate Minister shall be construed, in relation to statutory undertakers for whom the Secretary of State is the appropriate Minister, as a reference to the Secretary of State.

(4) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury ; and if, in relation to the authorisation under this Act of a compulsory acquisition of land, any question arises whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.

(5) As from the coming into operation of Part II of the [1963 c. 51.] Land Compensation (Scotland) Act 1963,—

(a) for any reference in this Act to the arbiter or the official arbiter there shall be substituted a reference to the Lands Tribunal for Scotland or, as the case may require, a member of that Tribunal; and

(b) for any reference in this Act to any provision contained in section 2, 3 or 5 of the said Act of 1963 there shall be substituted a reference to the corresponding provision contained respectively in section 8, 9 or 11 of that Act.

(6) A development corporation established for the purposes of an order under section 1 of this Act shall have power to act as the agents of a local authority or regional water board to carry out any function relating to the provision of water, sewerage or other services for the area designated by that order; and a local authority shall have power to act as the agents of a development corporation to carry out any of the functions of the corporation.

(7) If the Secretary of State is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient that any area designated as the site of a new town, or any part of such an area, so far as it is situated in the landward part of a county should be formed into a special district for any purpose for which a county council may form a special district, he may make an order declaring that area or part of the area to be a special district for that purpose; and thereupon the enactments relating to special districts formed for that purpose shall apply in relation to that special district as if it were a special district formed by the county council under those enactments:

Provided that the county council may, for such period as they may think proper, exempt the owners or occupiers of any lands and heritages within the special district from the whole or from a specified portion of any special district rate, on the ground that they cannot during that period benefit from any service within the district in respect of which that rate is levied.

(8) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(9) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.