Town and Country Planning (Scotland) Act 1969

38 Miscellaneous amendments of Act of 1959

(1) Paragraphs 6 and 7 of Schedule 5 to the Act of 1959 (exclusion of compensation for severance and disturbance) shall cease to have effect.

(2) For a person to be treated under section 42(2) or (4) of the Act of 1959 (definitions for purposes of blight notice provisions) as owner-occupier or resident owner-occupier of a hereditament, his occupation thereof at a relevant time or during a relevant period, if not occupation of the whole of the hereditament, must be or, as the case may be, have been occupation of a substantial part of it.

(3) In subsections (2)(b), (3)(b) and (4)(b) of the said section 42, the period of six months ending not more than six months before the date of service shall in each case be replaced by a period of six months ending not more than twelve months before that date.

(4) If any question arises which authority is the appropriate authority for the purposes of the said Part IV or section 35 of this Act—

(a) section 39(1) of the Act of 1959 (objection to blight notice) shall have effect as if the reference to the date of service of that notice were a reference to that date or the date on which that question is determined, whichever is the later; and

(b) subsections (2)(b), (3)(b) and (4)(b) of section 42 of that Act shall apply with the substitution for the reference to twelve 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.