5 Miscellaneous amendments of the 1972 and 1973 Acts.

(1)

In section 18 of the 1972 Act (commencement of Part II and interim provisions) for subsection (2) there shall be substituted the following subsection—

“(2)

Schedules 3 and 4 to this Act shall have effect as respects any area, until (a) a structure plan relating to that area has been approved under section 7 of this Act or (b) a local plan for that area has been adopted or approved under section 12 of this Act or (c) they are repealed by an order made by the Secretary of State.”

(2)

Section 166 of the 1972 Act (compensation for loss due to stop notice) shall have effect subject to the following amendments—

(a)

In subsection (1), after the word “interest” in line 3, there shall be inserted the words “, whether as owner or occupier or otherwise,” ;

(b)

in subsection (3), for “operations” in both places where that word occurs substitute the word “activity” ;

(c)

in subsection (5) leave out from “or of” to end ;

(d)

at the end there shall be added the following subsection—

“(6)

In the assessment of any compensation under this section, there shall be taken into account any failure on the part of the claimant to comply with the provisions of section 270 of this Act, to the extent, if any, that such failure has contributed to the circumstances in which the enforcement notice was withdrawn or varied or quashed, or the stop notice withdrawn.”

(3)

In section 265 of the 1972 Act (rights of entry), after subsection (2) there shall be inserted the following subsection—

“(2A)

Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for the purpose—

(a)

of displaying a notice in accordance with the provisions of section 87(7) or (10) of this Act ; or

(b)

of ascertaining whether a stop notice or an enforcement notice is being complied with.”

(4)

In section 270 of the 1972 Act (power to require information as to interests in land)—

(a)

for subsection (1) there shall be substituted the following subsection—

“(1)

For the purpose of enabling any order to be made or any notice or other document to be served by them under the provisions of this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who. either directly or indirectly, receives rent in respect of any land to supply in writing within a specified period, which shall not be less than twenty-one days from the service of the requirement on him, any of the following information—

(a)

the nature of his interest in the land,

(b)

the name and address of any other person known to him as having an interest in the land, whether as superior, owner, heritable creditor, lessee or otherwise ;

(c)

details of the purposes for which the land is currently being used.”

(b)

at the end there shall be added the following new subsection—

“(4)

It shall be a defence in any proceedings under subsection (2) of this section that the accused did not know, and had no reasonable cause to know the information required of him.”

(5)

In Schedule 5 to the 1972 Act there shall be inserted after paragraph 5 the following paragraph—

“5A

On the adoption or approval of a local plan under section 12 of this Act, so much of any old development plan as relates to the same area shall cease to have effect, unless the Secretary of State by order directs subject to paragraph 7 of this Schedule, that the provisions of that old development plan shall continue in force to the extent specified in the order.”

(6)

In Schedule 5 to the 1972 Act, in paragraph 7, after the word “under” there shall be inserted the words—

“paragraph 5A or”.

(7)

In Part I of Schedule 21 to the 1972 Act there shall be added at the end the words—

“or to a comprehensive development area as the case may be.”.

(8)

Section 180 of the 1973 Act is hereby repealed.