Town and Country Planning Act 1990

SCHEDULES

Section 1.

SCHEDULE 1 Local Planning Authorities: Distribution of Functions

Preliminary

1 (1) In this Schedule “county matter” means in relation to any application, order or notice—

(a) the winning and working of minerals in, on or under land (whether by surface or underground working) or the erection of any building, plant or machinery—

(i) which it is proposed to use in connection with the winning and working of minerals or with their treatment or disposal in or on land adjoining the site of the working; or

(ii) which a person engaged in mining operations proposes to use in connection with the grading, washing, grinding or crushing of minerals;

(b) the use of land, or the erection of any building, plant or machinery on land, for the carrying out of any process for the preparation or adaptation for sale of any mineral or the manufacture of any article from a mineral where—

(i) the land forms part of or adjoins a site used or proposed to be used for the winning and working of minerals; or

(ii) the mineral is, or is proposed to be, brought to the land from a site used, or proposed to be used, for the winning and working of minerals by means of a pipeline, conveyor belt, aerial ropeway, or similar plant or machinery, or by private road, private waterway or private railway;

(c) the carrying out of searches and tests of mineral deposits or the erection of any building, plant or machinery which it is proposed to use in connection with them;

(d) the disposal of mineral waste;

(e) the use of land for any purpose required in connection with the transport by rail or water of aggregates (that is to say, any of the following, namely—

(i) sand and gravel;

(ii) crushed rock;

(iii) artificial materials of appearance similar to sand, gravel or crushed rock and manufactured or otherwise derived from iron or steel slags, pulverised fuel ash, clay or mineral waste),

or the erection of any building, plant or machinery which it is proposed to use in connection with them;

(f) the erection of any building, plant or machinery which it is proposed to use for the coating of roadstone or the production of concrete or of concrete products or artificial aggregates, where the building, plant or machinery is to be erected in or on land which forms part of or adjoins a site used or proposed to be used—

(i) for the winning and working of minerals; or

(ii) for any of the purposes mentioned in paragraph (e) above;

(g) the erection of any building, plant or machinery which it is proposed to use for the manufacture of cement;

(h) the carrying out of operations in, on, over or under land, or a use of land, where the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice compliance with a restoration condition or an aftercare condition;

(i) the carrying out of operations in, on, over or under land, or any use of land, which is situated partly in and partly outside a National Park;

(j) the carrying out of any operation which is, as respects the area in question, a prescribed operation or an operation of a prescribed class or any use which is, as respects that area, a prescribed use or use of a prescribed class.

(2) In sub-paragraph (1) “the winning and working of minerals” includes the extraction of minerals from a mineral-working deposit.

Development plans

2 The functions of a local planning authority under sections 30 to 33 and 50(1) to (5) shall be exercisable by the county planning authority and references in those sections to a local planning authority shall be construed accordingly.

Planning and special control

3 (1) The functions of a local planning authority of determining—

(a) applications for planning permission;

(b) applications for determining under section 64 whether an application for such permission is required;

(c) applications for an established use certificate under section 192;

shall, subject to sub-paragraph (2), be exercised by the district planning authority.

(2) The functions of a local planning authority of determining any such application as is mentioned in sub-paragraph (1) which appears to the district planning authority to relate to a county matter shall be exercised by the county planning authority.

(3) Every application mentioned in sub-paragraph (1) shall be made to the district planning authority.

(4) The district planning authority shall send to the county planning authority, as soon as possible and in any case not later than seven days after they have received it, a copy of any application for planning permission which appears to them to relate to a county matter.

(5) Subject to sub-paragraph (6), the district planning authority shall send to the local highway authority, as soon as may be after they have received it, a copy of any application for planning permission which does not appear to them to relate to a county matter.

(6) If the local highway authority specify any case or class of case in which a copy of such an application as is mentioned in sub-paragraph (5) need not be sent to them, the duty imposed on the district planning authority by that sub-paragraph shall not extend to any application to which the direction relates.

(7) The previous provisions of this paragraph shall not apply to applications relating to land in a National Park, but paragraph 4 shall apply to such applications instead.

4 (1) Each of the following applications, namely—

(a) applications for planning permission;

(b) applications for determining under section 64 whether an application for such permission is required;

(c) applications for an established use certificate under section 192; and

(d) applications for consent to the display of advertisements under section 220,

shall, if relating to land in a National Park, be made to the district planning authority who shall, unless it falls to be determined by them, send it on to the county planning authority and, in the case of an application for planning permission, shall send a copy to the local highway authority, except where the local highway authority are a local planning authority and except in any case or class of case with respect to which the local highway authority otherwise direct.

(2) Where any such application relating to land in a National Park or an application so relating for approval of a matter reserved under an outline planning permission within the meaning of section 92 falls to be determined by a county planning authority, that authority shall before determining it consult with the district planning authority for the area in which the land to which the application relates is situated.

5 (1) The Secretary of State may include in a development order such provisions as he thinks fit enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority—

(a) the formation, laying out or alteration of any means of access to a road classified under section 12(3) of the [1980 c. 66.] Highways Act 1980 or section 27 of the [1966 c. 42.] Local Government Act 1966 or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;

(b) any other operations or use of land which appear to the local highway authority to be likely to result in a material increase in the volume of traffic entering or leaving such a classified or proposed road, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering, leaving or using such a road.

(2) The reference to a local planning authority in sub-paragraph (1) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the Local Government, [1980 c. 65.] Planning and Land Act 1980, and no provision of a development order which is included in it by virtue of that paragraph is to be construed as applying to such a corporation.

(3) The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission for such descriptions of development as may be specified in the order.

6 (1) A development order may also include provision requiring a county planning authority who are determining any application mentioned in paragraph 3 and relating to a county matter, or an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 and so relating, to give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application is determined, and to take into account any such recommendations.

(2) It may also include provision requiring a county or district planning authority who have received any application so mentioned or any application for such approval (including any such application relating to land in a National Park) to notify the district or, as the case may be, county planning authority of the terms of their decision, or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

7 (1) It shall be the duty of a local planning authority in a non-metropolitan county when exercising their functions under sections 70 and 71 to seek the achievement of the general objectives of the structure plan for the time being in force in their area.

(2) Subject to sub-paragraph (4), the district planning authority shall consult the county planning authority for their area before determining any application to which this sub-paragraph applies.

(3) Sub-paragraph (2) applies to any application for planning permission for the carrying out—

(a) of any development of land which would materially conflict with or prejudice the implementation—

(i) of any policy or general proposal contained in a structure plan which has been approved by the Secretary of State;

(ii) of any policy or general proposal contained in proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State for approval;

(iii) of any proposal for the alteration or repeal and replacement of a structure plan so as to include in the plan any matter to which the county planning authority have given publicity under section 33;

(iv) of a fundamental provision of a development plan to which paragraph 2 of Part III of Schedule 2 applies, so far as the development plan is in force in the district planning authority’s area;

(v) of any proposal contained in a local plan which has been prepared by the county planning authority (whether or not the plan has been adopted by the authority or approved by the Secretary of State);

(vi) of any proposal to include in a local plan which the county planning authority are preparing any matter to which they have given publicity under section 39 or 40;

(vii) of any proposal to include in alterations which the county planning authority are proposing for a local plan any matter to which they have given publicity under section 39 or 40;

(b) of any development of land which would, by reason of its scale or nature or the location of the land, be of major importance for the implementation of a structure plan;

(c) of any development of land in an area which the county planning authority have notified to the district planning authority, in writing, as an area in which development is likely to affect or be affected by the winning and working of minerals, other than coal;

(d) of any development of land which the county planning authority have notified the district planning authority, in writing, that they themselves propose to develop;

(e) of any development of land which would prejudice the carrying out of development proposed by the county planning authority and notified to the district planning authority under paragraph (d);

(f) of any development of land in England in respect of which the county planning authority have notified the district planning authority, in writing, that it is proposed that it shall be used for waste disposal;

(g) of any development of land which would prejudice a proposed use of land for waste disposal notified to the district planning authority under paragraph (f).

(4) The district planning authority may determine any application to which sub-paragraph (2) applies without the consultation required by that sub-paragraph if the county planning authority have given them directions authorising them to do so.

(5) A direction under sub-paragraph (4) may relate to a class of applications or to a particular application.

(6) Subject to sub-paragraph (7), where the district planning authority are required to consult the county planning authority before determining an application for planning permission—

(a) they shall give the county planning authority notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(7) A district planning authority may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (6)(b)—

(a) if they have received representations concerning the application from the county planning authority before the expiration of that period; or

(b) if the county planning authority have notified them that they do not wish to make representations.

(8) Where a district planning authority are required to consult the county planning authority before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the county planning authority before the expiration of the period mentioned in sub-paragraph (6)(b).

8 (1) Where a district planning authority or, in a metropolitan county, a local planning authority have been notified in writing by the council of a parish or community wholly or partly situated in the area of that authority that the council wish to be informed—

(a) of every application for planning permission relating to land in the parish or community,

(b) of every application so relating for approval of a matter reserved under an outline planning permission within the meaning of section 92, or

(c) of any description of such applications,

if the authority receive any such application or, as the case may be, an application of any such description they shall inform the council in writing of the application, indicating the nature of the development to which the application relates and identifying the land to which it relates.

(2) The provisions which may be contained in a development order shall include provision requiring—

(a) a local planning authority, who are determining any application of which the council of a parish or community are entitled to be informed, to give that council an opportunity to make representations to the local planning authority as to the manner in which the application should be determined and to take into account any such representations;

(b) the district planning authority or, in a metropolitan county, a local planning authority to notify that council of the terms of their or, in a non-metropolitan county, the county planning authority’s decision on any such application or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

9 (1) The functions of local planning authorities under the provisions of this Act relating to simplified planning zone schemes shall be exercised in non-metropolitan counties by the district planning authorities.

(2) Where a district planning authority in a non-metropolitan county are proceeding in accordance with paragraph 5 of Schedule 7, before they prepare the proposed scheme or alterations they shall consult the county council as planning authority and as to the effect of their proposals on existing or future highways; and when they have prepared the proposed scheme or alterations they shall send the county council a copy.

(3) Where a district planning authority in a non-metropolitan county are proceeding in accordance with paragraph 6 of Schedule 7, they shall send a copy of the proposed alterations to the county council.

10 Elsewhere than in a National Park, the functions of a local planning authority under section 94 shall be exercisable by the district planning authority, except that where the relevant planning permission was granted by the county planning authority, those functions, so far as relating to that permission, shall be exercisable by the county planning authority and also by the district planning authority after consulting the county planning authority.

11 (1) The functions of a local planning authority of—

(a) making orders under section 97 revoking or modifying planning permission, or under section 102 requiring discontinuance of use, imposing conditions on continuance of use or requiring the alteration or removal of buildings or works, or

(b) issuing enforcement notices under section 172 or serving stop notices under section 183,

shall, subject to sub-paragraphs (2) to (4), be exercisable by the district planning authority.

(2) In a case where it appears to the district planning authority of a district in a non-metropolitan county that the functions mentioned in sub-paragraph (1) relate to county matters, they shall not exercise those functions without first consulting the county planning authority.

(3) Subject to sub-paragraph (4), in a non-metropolitan county those functions shall also be exercisable by a county planning authority in a case where it appears to that authority that they relate to a matter which should properly be considered a county matter.

(4) In relation to a matter which is a county matter by virtue of any of the provisions of paragraph 1(1)(a) to (h) the functions of a local planning authority specified in sub-paragraph (1)(b) shall only be exercisable by the county planning authority in their capacity as mineral planning authority.

12 In sections 178(1), 181(4)(b) and 190(2) to (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of an notice issued or an order made by the Secretary of State, the authority named in the notice or order.

13 (1) A county planning authority may only make a tree preservation order—

(a) if they make it in pursuance of section 197(b);

(b) if it relates to land which does not lie wholly within the area of a single district planning authority;

(c) if it relates to land in which the county planning authority hold an interest; or

(d) if it relates to land in a National Park.

(2) Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.

14 The functions of local planning authorities under sections 69, 211, 214, 220, 221, 224 and 225, and in non-metropolitan counties the functions under section 215, are exercisable by district planning authorities.

15 (1) The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made.

(2) References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.

Compensation

16 (1) Claims for payment of compensation under section 107 (including that section as applied by section 108) and sections 114, 115(1) to (4), 186 and 223 shall, subject to sub-paragraph (3), be made to and paid by the local planning authority who took the action by virtue of which the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him or, in the case of an order made or notice served by him by virtue of section 100, 104 or 185, the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly.

(2) In this paragraph “appropriate authority” means—

(a) in the case of a claim for compensation under section 107 or 108, the local planning authority who granted, or are to be treated for the purposes of section 107 as having granted, the planning permission the revocation or modification of which gave rise to the claim;

(b) in the case of a claim for compensation under section 115(1) to (4) or 186, the local planning authority named in the relevant order or stop notice of the Secretary of State;

(c) in the case of a claim for compensation under section 223, the district planning authority.

(3) The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.

(4) The local planning authority by whom compensation is to be paid and to whom claims for compensation are to be made under section 144(2) shall be the district planning authority.

17 Claims for payment of compensation under a tree preservation order by virtue of section 203, and claims for payment of compensation under section 204 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order; and the reference in section 204(2) to the authority exercising functions under the tree preservation order shall have effect subject to the provisions of this paragraph.

18 The local planning authority by whom compensation is to be paid under section 279(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.

The Crown

19 (1) Elsewhere than in a metropolitan county or a National Park the functions conferred by section 302 and Schedule 15 on the authority responsible for enforcing planning control shall, subject to sub-paragraph (3)—

(a) in the case of works on or a use of land which in the opinion of the district planning authority relates to a county matter, be exercised by the county planning authority;

(b) in any other case be exercised by the district planning authority.

(2) As respects an area in a National Park outside a metropolitan county those functions shall be exercised by the county planning authority.

(3) Every application made under subsection (3) of that section to an authority responsible for enforcing planning control shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.

(4) A county planning authority determining any such application shall give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application should be determined and shall take any such recommendations into account.

(5) A county or district planning authority who have dealt with any such application shall notify the district or, as the case may be, the county planning authority of the terms of their determination or, in a case where the application has been referred to the Secretary of State, the date when it was so referred.

Miscellaneous

20 (1) The local planning authority whom the Secretary of State is required to consult under section 100(3), 104(3) or 202(1) or serve with a notice of his proposals under section 100(4) or 104(4) shall be the county planning authority or the district planning authority, as he thinks appropriate, and references in sections 100(2), (3) and (4) and 104(2), (3) and (4) and 202 to the local planning authority shall be construed accordingly.

(2) In sections 96, 182 and 185 any reference to the local planning authority shall be construed as a reference to the county planning authority or the district planning authority, as the Secretary of State thinks appropriate.

(3) The power of a local planning authority to make agreements under section 106 may be exercised also, in relation to land in the area of a joint planning board, by the council of the county in which the land is situated; and references in that section to a local planning authority shall be construed accordingly.

(4) In paragraph 16 of Schedule 13 the reference to the local planning authority shall be construed—

(a) in relation to land in a National Park outside a metropolitan county, as a reference to the county planning authority; and

(b) in relation to land elsewhere, as a reference to the district planning authority.

21 (1) Subject to sub-paragraph (2), the provisions of this Schedule do not apply in Greater London.

(2) Paragraph 5(3) of this Schedule applies in Greater London and paragraph 2(3) of Part I and of Part II of Schedule 2 shall apply as respects the temporary application of paragraph 7(1) of this Schedule in the metropolitan counties and in Greater London respectively.

Sections 28 and 54.

SCHEDULE 2 Development Plans: Transitional Provisions

Part I The Metropolitan Counties

Continuation of structure plans, local plans and old development plans

1 (1) Subject to paragraphs 2 and 3—

(a) the structure plan,

(b) any local plan; and

(c) any old development plan,

which immediately before the commencement of this Act was in force in the area of a local planning authority in a metropolitan county (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Chapter I of Part II of this Act or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

(2) A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of this Act, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

(3) In this paragraph “old development plan” means any plan which was in force in the area in question immediately before the commencement of this Act by virtue of Schedule 7 to the 1971 Act and paragraph 18 of Schedule 1 to the [1985 c. 51.] Local Government Act 1985.

Revocation of structure plan

2 (1) Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

(a) wholly or partly revoke a structure plan continued in force by paragraph 1, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

(b) make such consequential amendments to that plan as appear to him to be necessary or expedient.

(2) Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

(3) Until the structure plan for an area in a metropolitan county ceases to be operative under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area with the omission of the words “in a non-metropolitan county”.

Local plans until commencement of Chapter I of Part II

3 (1) Until the coming into force of Chapter I of Part II of this Act in the area of a local planning authority in a metropolitan county section 30 and the provisions of Chapter II of that Part relating to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are metropolitan district councils and section 54(5) shall apply in relation to that area, but subject to the following provisions of this paragraph.

(2) In respect of the matters referred to in sub-paragraph (1) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 37, 38(4), 39(4) and (5)(c), 40(2)(c), 46(2) to (6), 47, 48(2) and 50(7).

(3) A metropolitan district council may at any time—

(a) make proposals for the preparation of a local plan or the alteration, repeal or replacement of a local plan adopted by them or adopted by the metropolitan county council and in force in the area of that authority on 1st April 1986;

(b) with the consent of the Secretary of State, make proposals for the alteration, repeal or replacement of a local plan approved by him.

(4) On the coming into force in any area of Chapter I of Part II of this Act, any local plan or proposal for the alteration, repeal or replacement of a local plan which—

(a) has been prepared by a metropolitan district council (or by such a council jointly with one or more other such councils); but

(b) has not been adopted or approved,

shall be treated as having been abandoned by that council or those councils.

(5) Paragraph 1 shall apply to plans which are prepared or altered in pursuance of this paragraph as it applies to those there mentioned.

Incorporation of current local plan in unitary development plan

4 (1) A unitary development plan shall include any local plan which is in force in respect of the area in question at the time when the unitary development plan is prepared but subject to such alterations, if any, as may be specified in Part II of the unitary development plan.

(2) A unitary development plan shall as respects any such local plan indicate the extent, if any, to which it is subject to alteration in accordance with Part II of the unitary development plan.

(3) This paragraph shall not be construed as enabling any objections to be made to any part of a unitary development plan which consists of provisions of a local plan that are not subject to alterations as mentioned in sub-paragraph (1).

Publicity in connection with local plan

5 In determining the steps to be taken by a local planning authority or local planning authorities to secure the purposes of section 13(1)(a) to (c) or section 23(3)(a) to (c) in relation to proposals made in respect of a unitary development plan, the authority or authorities may under those provisions, and the Secretary of State may under section 13(6), take into account any steps taken by the authority or authorities to secure those purposes in relation to the same or similar proposals made in respect of a local plan.

Pending proposals by metropolitan county council

6 Where before 1st April 1986 the Secretary of State directed that any local plan or proposals for the alteration, repeal or replacement of a local plan which had been prepared by a metropolitan county council before 1st April 1986 but had not been adopted or approved should not have effect unless approved by him, he shall continue to consider the plan or the proposals and give his decision on them as if the plan or proposals had been prepared and submitted by the metropolitan district council whose area is affected by the plan or proposals or, where the areas of two or more such councils are affected, as if the plan or proposals had been a joint plan or joint proposals prepared by those councils.

Part II Greater London

Continuation of Greater London Development Plan, local plans and old development plans

1 (1) Subject to paragraphs 2 and 3—

(a) the Greater London Development Plan,

(b) any local plan; and

(c) any old development plan,

which immediately before the commencement of this Act was in force in the area of a local planning authority in Greater London (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Chapter I of Part II of this Act or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

(2) A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of this Act, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

(3) In this paragraph “old development plan” has the same meaning as in paragraph 1 of Part I of this Schedule.

Revocation of Greater London Development Plan

2 (1) Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

(a) wholly or partly revoke the Greater London Development Plan, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

(b) make such consequential amendments to that plan as appear to him to be necessary or expedient.

(2) Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

(3) Until the Greater London Development Plan ceases to be operative in an area under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area—

(a) with the omission of the words “in a non-metropolitan county”; and

(b) with the substitution for the reference to the structure plan of a reference to that Plan.

Surveys and local plans

3 (1) Until the coming into force of Chapter I of Part II of this Act in the area of a local planning authority in Greater London, section 30 and paragraphs 4 to 16 of this Part of this Schedule and sections 49, 51, 52 and 53 (so far as those sections relate to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are London borough councils) and section 54(5) shall apply in relation to that area, but subject to the following provisions of this paragraph.

(2) The matters to be examined or kept under review by a London borough council under section 30 shall be such of the matters mentioned in that section as were not examined or kept under review by the Greater London Council.

(3) In its application by virtue of this paragraph section 53(2)(f) shall have effect with the substitution for the references to section 39(2)(a) and section 39(5)(a) or 40(2)(a) of references to paragraph 8(1)(a) and (2) respectively.

(4) On the coming into force in any area of Chapter I of Part II of this Act, any local plan or proposal for the alteration, repeal or replacement of a local plan which—

(a) has been prepared by a London borough council or by such a council jointly with one or more other such councils; but

(b) has not been adopted or approved,

shall be treated as having been abandoned by that council or those councils.

(5) Paragraph 1 shall apply to plans which are prepared or altered in pursuance of this paragraph as it applies to those there mentioned.

4 (1) A London borough council may at any time, if they think fit, prepare a local plan for the whole or any part of the borough (other than the whole or any part of a G.L.C. action area within the meaning of paragraph 5).

(2) Different local plans may be prepared for different purposes for the same area.

5 (1) In this paragraph—

• “action area” means any area indicated by the Greater London Development Plan as an area intended for comprehensive development, redevelopment or improvement as a whole which the Secretary of State has directed shall be treated as an action area, and

• “G.L.C. action area” means an action area in whose case it was indicated in the Greater London Development Plan that it was for the Greater London Council, and not a London borough council, to prepare a local plan for that area.

(2) As soon as practicable in the case of any action area other than a G.L.C. action area—

(a) if it is wholly comprised within a London borough, the council of that borough shall prepare a local plan for the area, and

(b) if not, the council of every London borough in which any part of the action area falls shall prepare a local plan for that part,

but this sub-paragraph shall not be taken to require a council to do again anything which they have already done.

(3) Where a council are required by this paragraph to prepare a local plan, they shall take steps for the adoption of that plan.

6 (1) Without prejudice to the previous provisions, a London borough council shall, if the Secretary of State gives them a direction in that behalf with respect to any area of Greater London, as soon as practicable prepare for that area a local plan of such a nature as may be specified in the direction, and take steps for the adoption of the plan.

(2) Before giving a direction to a council under this paragraph the Secretary of State shall consult the council with respect to it.

7 (1) This paragraph shall apply with respect to any local plan prepared under Schedule 4 to the 1971 Act or this Schedule by a local planning authority and in this paragraph “the authority” means the authority preparing the local plan.

(2) The plan shall consist of a map and a written statement and shall—

(a) formulate in such detail as the authority think appropriate their proposals for the development and other use of land in the area for which the plan is prepared, or for any description of development or other use of such land (including in either case such measures as the authority think fit for the improvement of the physical environment and the management of traffic); and

(b) contain such matters as may be prescribed.

(3) The plan shall contain, or be accompanied by, such diagrams, illustrations and descriptive material as the authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed; and any such diagrams, illustrations and descriptive material shall be treated as forming part of the plan.

(4) In formulating their proposals in the plan the authority shall—

(a) secure that the proposals conform generally to the Greater London Development Plan, and

(b) have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed, or which the Secretary of State may in any particular case direct them to take into account.

(5) Before giving a direction to the authority under this paragraph the Secretary of State shall consult the authority with respect to it.

8 (1) Where a London borough council propose to prepare a local plan, the council shall take such steps as will in their opinion secure—

(a) that adequate publicity is given, in any London borough affected by the plan, to any relevant matter arising out of a survey under section 6 of the 1971 Act or section 30 of this Act (including any joint survey) and to the matters proposed to be included in the plan;

(b) that persons who may be expected to want an opportunity of making representations to the council with respect to those matters are made aware that they are entitled to such an opportunity; and

(c) that such persons are given an adequate opportunity of making such representations;

and the council shall consider any representations made to them within the prescribed period.

(2) After preparing a local plan, the council shall before adopting it or submitting it for approval under paragraph 10, make copies of the plan available for inspection at their office and send a copy to the Secretary of State.

(3) Each copy of a plan made available for inspection as required by sub-paragraph (2) shall be accompanied by a statement of the time within which objections to the local plan may be made to the council who have prepared the plan; and the copy sent to the Secretary of State shall be accompanied by a statement containing particulars—

(a) of the steps which the council preparing the plan have taken to comply with sub-paragraph (1), and

(b) of the council’s consultations with, and their consideration of the views of, other persons.

9 (1) For the purpose of considering objections made to a local plan the local planning authority may and, in the case of objections so made in accordance with regulations, shall cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves, and—

(a) subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this paragraph as they apply to an inquiry held under that section;

(b) the [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2) Regulations made for the purposes of sub-paragraph (1) may—

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that sub-paragraph, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(b) make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(3) The requirement for a local inquiry or other hearing to be held shall not apply if all persons who have made an objection have indicated in writing that they do not wish to appear.

10 (1) After the expiry of the period given for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the local planning authority may, subject to paragraph 11 and sub-paragraphs (2), (3) and (4), by resolution adopt the plan either as originally prepared or as modified so as to take account—

(a) of objections so made;

(b) of any other objections made to the plan;

(c) of any other considerations which appear to the authority to be material.

(2) Where—

(a) an objection to the plan has been made by the Minister of Agriculture, Fisheries and Food (in this paragraph referred to as “the Minister”); and

(b) the local planning authority do not propose to modify the plan to take account of that objection,

the authority—

(i) shall send the Secretary of State particulars of the Minister’s objection, together with a statement of their reasons for not modifying the plan to take account of it; and

(ii) shall not adopt the plan unless the Secretary of State authorises them to do so.

(3) The local planning authority shall not adopt a local plan unless it conforms generally to the Greater London Development Plan.

(4) After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the local planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

(5) Subject to sub-paragraph (6), where particulars of an objection to a local plan made by the Minister have been sent to the Secretary of State under sub-paragraph (2), it shall be the duty of the Secretary of State to give a direction under sub-paragraph (4).

(6) The Secretary of State need not give such a direction if he is satisfied that the Minister no longer objects to the plan.

(7) Where the Secretary of State gives a direction under sub-paragraph (4), the local planning authority shall submit the plan accordingly to him for his approval, and—

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b) in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c) subject to paragraph (d), where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations;

(ii) give any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii) if a local inquiry or other hearing is held, also give the same opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall not be obliged to consider any objections to it if objections to it have been considered by the authority, or to cause an inquiry or other hearing to be held into any objections to it if any such inquiry or hearing has already been held at the instance of the authority;

(e) without prejudice to paragraph (c), on considering the plan the Secretary of State may consult with, or consider the views of, any local planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons or, except as provided by that paragraph, to give an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under paragraph 9.

(8) Where there is a conflict between any of the provisions of a local plan which has been adopted or approved under this paragraph or under section 14 of the 1971 Act and the provisions of the Greater London Development Plan, the provisions of the local plan shall be taken to prevail for all purposes.

11 (1) If, on considering the statement submitted with, and the matters included in, a local plan (joint or other) prepared under Schedule 4 to the 1971 Act or under this Schedule and other information provided by the authority who prepared the plan (or as the case may be, the authorities who joined in its preparation), the Secretary of State is not satisfied that the purposes of paragraph 8(1)(a) to (c) have been adequately achieved by the steps taken in that behalf by the authority or authorities, he may within 21 days of the receipt of the statement direct that no further steps for the adoption of the plan be taken without such further action as he may specify having been taken in order better to achieve those purposes and his being satisfied that such action has been taken.

(2) A planning authority who are given directions by the Secretary of State under this paragraph shall—

(a) immediately withdraw copies of the local plan made available for inspection as required by paragraph 8; and

(b) in a case where objections to the plan have been made by any person, notify him that the Secretary of State has given such directions.

12 (1) A local planning authority may at any time make proposals for the alteration, repeal or replacement of a relevant local plan and may at any time, with the consent of the Secretary of State, make proposals for the alteration, repeal or replacement of a local plan approved by him.

(2) Without prejudice to sub-paragraph (1), a local planning authority shall, if the Secretary of State gives them a direction in that behalf with respect to a relevant local plan or a local plan approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the plan.

(3) In sub-paragraphs (1) and (2) “relevant local plan” means a local plan adopted by the authority or adopted by the Greater London Council and in force in respect of the area of the authority on 1st April 1986.

(4) The provisions of paragraphs 7(4) and (5), 8, 9 and 10 shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this paragraph and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under this Schedule and to a local plan prepared under it.

Joint plans

13 (1) The following provisions of this paragraph have effect where two or more local planning authorities prepare a local plan jointly.

(2) The local planning authorities shall jointly take such steps as will in their opinion secure—

(a) that adequate publicity is given in their areas to the matters proposed to be included in the plan;

(b) that persons who may be expected to want an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations.

(3) Sub-paragraph (1)(b) and (c) of paragraph 8 shall not apply in relation to joint local plans and the reference in sub-paragraph (3) of that paragraph to sub-paragraph (1) of that paragraph, and the reference in paragraph 11(1) to sub-paragraph (1)(a) to (c) of paragraph 8, shall both include a reference to sub-paragraph (2) of this paragraph.

(4) Each of the local planning authorities by whom a joint local plan has been prepared for any part of Greater London shall have the duty imposed by sub-paragraph (2) of paragraph 8 of making copies of the plan available for inspection, and objections to the plan may be made to any of those authorities, and the statement required by sub-paragraph (3) of that paragraph to accompany copies of the plan made available for inspection shall state that objections may be so made.

(5) In relation to joint proposals under paragraph 12(1) for the alteration, repeal or replacement of a local plan, the reference in paragraph 12(4) to paragraph 8 shall include a reference to this paragraph.

14 It shall fall to each of the local planning authorities by whom a joint local plan was prepared to adopt the plan under paragraph 10(1) and they may do so as respects any part of their area to which the plan relates but any modifications subject to which it is adopted must be agreed between all those authorities.

15 Where a local plan has been prepared jointly, the power of making proposals under paragraph 12(1) for the alteration, repeal or replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under paragraph 12(2) direct any of them to make such proposals as respects their respective areas.

16 The date appointed under section 53(5) for the coming into operation of a local plan prepared jointly by two or more local planning authorities or for the alteration, repeal or replacement of a local plan in pursuance of proposals so prepared shall be one jointly agreed by those authorities and be specified in their respective resolutions adopting the plan or proposals.

Incorporation of current local plan in unitary development plan

17 (1) A unitary development plan shall include any local plan which is in force in respect of the area in question at the time when the unitary development plan is prepared but subject to such alterations, if any, as may be specified in Part II of the unitary development plan.

(2) A unitary development plan shall as respects any such local plan indicate the extent, if any, to which it is subject to alteration in accordance with Part II of the unitary development plan.

(3) This paragraph shall not be construed as enabling any objections to be made to any part of a unitary development plan which consists of provisions of a local plan that are not subject to alterations as mentioned in sub-paragraph (1).

Publicity in connection with local plan

18 In determining the steps to be taken by a local planning authority or local planning authorities to secure the purposes of section 13(1)(a) to (c) or section 23(3)(a) to (c) in relation to proposals made in respect of a unitary development plan, the authority or authorities may under those provisions, and the Secretary of State may under section 13(6), take into account any steps taken by the authority or authorities to secure those purposes in relation to the same or similar proposals made in respect of a local plan.

Part III Old Development Plans

Preliminary

1 In this Part of this Schedule “old development plan” means a development plan to which paragraph 2 of Schedule 7 to the 1971 Act (continuation in force of development plans prepared before structure plans became operative) applied immediately before the commencement of this Act.

Continuation in force of old development plans

2 Any old development plan which immediately before the commencement of this Act was in force as respects any district shall, subject to the provisions of this Part of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980 as being comprised in the development plan for that district.

Other plans to prevail over old development plans

3 Subject to the following provisions of this Part of this Schedule, where by virtue of paragraph 2 the old development plan for any district is treated as being comprised in a development plan for that district—

(a) if there is a conflict between any of its provisions and those of the structure plan for that district, or, in the case of Greater London, the Greater London Development Plan the provisions of the structure plan or, as the case may be, that Plan shall be taken to prevail for the purposes of Parts III, V, VI, VII, VIII and IX of this Act and of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 and the [1990 c. 10.] Planning (Hazardous Substances) Act 1990; and

(b) if there is a conflict between any of its provisions and those of a local plan, the provisions of the local plan shall be taken to prevail for those purposes.

Street authorisation maps

4 Where immediately before the commencement of this Act a street authorisation map prepared in pursuance of the [S.I. 1965/1453.] Town and Country Planning (Development Plans) Regulations 1965 or the [S.I. 1966/48.] Town and Country Planning (Development Plans for Greater London) Regulations 1966 was treated for the purposes of the 1971 Act as having been adopted as a local plan for a district by a local planning authority, it shall continue to be so treated.

Development plans for compensation purposes

5 Where there is no local plan in force in a district, then, for any of the purposes of the Land Compensation Act 1961—

(a) the development plan or current development plan shall as respects that district be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, namely the structure plan or, as the case may be, the Greater London Development Plan, so far as applicable to the district, and any alterations to it, together with the Secretary of State’s notice of approval of the plan and alterations, and the old development plan;

(b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as are mentioned in paragraph (a), namely any area wholly or partly within that district selected by the structure plan or, as the case may be, the Greater London Development Plan as an action area and the area so defined in the old development plan.

Discontinuance of old development plan on adoption of local plan

6 Subject to paragraph 8, on the adoption or approval of a local plan under section 43 or 45 or paragraph 10 of Part II of this Schedule so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.

7 The Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates.

8 If the Secretary of State makes an order under paragraph 7, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.

9 Subject to paragraph 10, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the area of a local planning authority or in its application to part of that area and make such consequential amendments to the plan as appear to him to be necessary or expedient.

10 Before making an order with respect to a development plan under paragraph 7 or 9, the Secretary of State shall consult with the local planning authority for the area to which the plan relates.

Sections 55, 107 and 114.

SCHEDULE 3 Development Not Constituting New Development

Part I Development Not Ranking For Compensation Under s. 114

1 The carrying out of—

(a) the rebuilding, as often as occasion may require, of any building which was in existence on 1st July 1948, or of any building which was in existence before that date but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;

(b) the rebuilding, as often as occasion may require, of any building erected after 1st July 1948 which was in existence at a material date;

(c) the carrying out for the maintenance, improvement or other alteration of any building, of works which—

(i) affect only the interior of the building, or do not materially affect the external appearance of the building, and

(ii) are works for making good war damage,

so long as the cubic content of the original building is not substantially exceeded.

2 The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.

Part II Development ranking for compensation under s. 114

3 The enlargement, improvement or other alteration, as often as may be required, of any such building as is mentioned in paragraph l(a) or (b), or any building substituted for such a building by the carrying out of any such operations as are mentioned in that paragraph, so long as the cubic content of the original building is not substantially increased or exceeded.

4 (1) The carrying out, on land which was used for the purposes of agriculture or forestry at a material date, of any building or other operations required for the purposes of that use.

(2) Sub-paragraph (1) does not apply to operations for the erection, enlargement, improvement or alteration of dwellinghouses or of buildings used—

(a) for the purposes of market gardens, nursery grounds or timber yards, or

(b) for other purposes not connected with general farming operations or with the cultivation or felling of trees.

5 The winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including—

(a) the fertilisation of the land so used, and

(b) the maintenance, improvement or alteration of buildings or works on the land which are occupied or used for those purposes.

6 In the case of a building or other land which—

(a) at a material date was used for a purpose falling within any general class specified in the [S.I. 1948/955.] Town and Country Planning (Use Classes for Third Schedule Purposes) Order 1948, or

(b) having been unoccupied on and at all times since 1st July 1948, was last used (otherwise than before 7th January 1937) for any such purpose,

the use of that building or land for any other purpose falling within the same general class.

7 In the case of any building or other land which at a material date was in the occupation of a person by whom part only of it was used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding—

(a) one-tenth of the cubic content of the part of the building used for that purpose on 1st July 1948 or, if later, the date when the building began to be so used, or

(b) one-tenth of the area of the land so used on that date,

as the case may be.

8 The deposit of waste materials or refuse in connection with the working of minerals, on any land comprised in a site which at a material date was being used for that purpose, so far as may be reasonably required in connection with the working of those minerals.

Part III Supplementary Provisions

9 Where after 1st July 1948—

(a) any buildings or works have been erected or constructed, or any use of land has been instituted, and

(b) any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation to those buildings or works or that use,

this Schedule shall not operate except as respects the period specified in that condition.

10 (1) Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

(2) For the purposes of paragraphs 1 and 3 the cubic content of a building is substantially increased or exceeded—

(a) in the case of a dwellinghouse, if it is increased or exceeded by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

(b) in any other case, if it is increased or exceeded by more than one-tenth.

11 For the purposes of paragraph 3—

(a) the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building; and

(b) where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.

12 (1) In this Schedule “at a material date” means at either—

(a) 1st July 1948; or

(b) the date by reference to which this Schedule falls to be applied in the particular case in question.

(2) Sub-paragraph (1)(b) shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

13 (1) In relation to a building erected after 1st July 1948 which results from the carrying out of any such works as are described in paragraph 1, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

(2) This paragraph has effect subject to section 326(3).

14 (1) In the application of this Schedule for the purposes of any determination under section 138(1)—

(a) paragraph 3 shall be construed as not extending to works involving any increase in the cubic content of a building erected after 1st July 1948 (including any building resulting from the carrying out of such works as are described in paragraph 1); and

(b) paragraph 7 shall not apply to any such building.

(2) Sub-paragraph (1) applies also to the application of this Schedule for the purposes of any determination to which section 326(1) applies and for the purposes of that sub-paragraph, so far as applicable by virtue of this sub-paragraph to any determination of existing use value as defined in section 144(6)—

(a) references to this Schedule and to paragraphs 3 and 7 shall be construed as references to Schedule 3 to the 1947 Act and to the corresponding paragraphs of that Schedule; and

(b) that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 13 of this Schedule.

Section 57(7).

SCHEDULE 4 Special provisions as to land use in 1948

1 Where on lst July 1948 land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the latter purpose before 6th December 1968.

2 Where on 1st July 1948 land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required in respect of the use of the land for that other purpose on similar occasions on or after 6th December 1968 if the land has been used for that other purpose on at least one similar occasion since 1st July 1948 and before the beginning of 1968.

3 Where land was unoccupied on 1st July 1948, but had before that date been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 6th December 1968 for the purpose for which the land was last used before 1st July 1948.

4 Notwithstanding anything in paragraphs 1 to 3, the use of land as a caravan site shall not, by virtue of any of those paragraphs, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of two years ending with 9th March 1960.

Sections 72(5), 79(4), 97(5) and Schedule 9.

SCHEDULE 5 Conditions relating to Mineral Working

Part I Conditions imposed on Grant of Permission

Duration of development

1 (1) Every planning permission for development consisting of the winning and working of minerals shall be subject to a condition as to the duration of the development.

(2) Except where a condition is specified under sub-paragraph (3), the condition in the case of planning permission granted or deemed to be granted after 22nd February 1982 is that the development must cease not later than the expiration of the period of 60 years beginning with the date of the permission.

(3) An authority granting planning permission after that date or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than 60 years, and if they do so, the condition is that the development must cease not later than the expiration of a period of the specified length beginning with the date of the permission.

(4) A longer or shorter period than 60 years may be prescribed for the purposes of sub-paragraphs (2) and (3).

(5) The condition in the case of planning permission granted or deemed to have been granted before 22nd February 1982 is that the development must cease not later than the expiration of the period of 60 years beginning with that date.

(6) A condition to which planning permission for development consisting of the winning and working of minerals is subject by virtue of this paragraph—

(a) is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b); but

(b) is to be regarded for the purposes of sections 78 and 79 as a condition imposed by a decision of the local planning authority, and may accordingly be the subject of an appeal under section 78.

Power to impose aftercare conditions

2 (1) Where—

(a) planning permission for development consisting of the winning and working of minerals is granted, and

(b) the permission is subject to a condition requiring that after operations for the winning and working of minerals have been completed, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material,

it may be granted subject also to any such condition as the mineral planning authority think fit requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

(i) use for agriculture;

(ii) use for forestry; or

(iii) use for amenity.

(2) In this Act—

(a) a condition such as is mentioned in paragraph (b) of sub-paragraph (1) is referred to as “ a restoration condition”; and

(b) a condition requiring such steps to be taken as are mentioned in that sub-paragraph is referred to as “an aftercare condition”.

(3) An aftercare condition may either—

(a) specify the steps to be taken; or

(b) require that the steps be taken in accordance with a scheme (in this Act referred to as an “aftercare scheme”) approved by the mineral planning authority.

(4) A mineral planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5) The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6) Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7) In sub-paragraph (6) “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8) The power to prescribe maximum periods conferred by sub-paragraph (7) includes power to prescribe maximum periods differing according to the use specified.

(9) In this paragraph “forestry” means the growing of a utilisable crop of timber.

Meaning of “required standard”

3 (1) In a case where—

(a) the use specified in an aftercare condition is a use for agriculture; and

(b) the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased; and

(c) the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(2) In any other case where the use specified in an aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.

(3) Where the use specified in an aftercare condition is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(4) Where the use specified in an aftercare condition is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or other plants.

(5) In this paragraph—

• “authorised” means authorised by planning permission;

• “forestry” has the same meaning as in paragraph 2; and

• “the Minister” means—

  (a)

  in relation to England, the Minister of Agriculture, Fisheries and Food; and

  (b)

  in relation to Wales, the Secretary of State.

Consultations

4 (1) Before imposing an aftercare condition, the mineral planning authority shall consult—

(a) the Minister, where they propose that the use specified in the condition shall be a use for agriculture; and

(b) the Forestry Commission, where they propose that the use so specified shall be a use for forestry,

as to whether it is appropriate to specify that use.

(2) Where after consultations required by sub-paragraph (1) the mineral planning authority are satisfied that the use that they ought to specify is a use for agriculture or for forestry, they shall consult—

(a) where it is for agriculture, the Minister; and

(b) where it is for forestry, the Forestry Commission,

with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(3) The mineral planning authority shall also consult the Minister or, as the case may be, the Forestry Commission—

(a) as to the steps to be specified in an aftercare condition which specifies a use for agriculture or for forestry; and

(b) before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(4) The mineral planning authority shall also, from time to time as they consider expedient, consult the Minister or the Commission, as the case may be, as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

(5) In this paragraph “forestry” and “the Minister” have the same meanings as in paragraph 3.

Certificate of compliance

5 If, on the application of any person with an interest in land in respect of which an aftercare condition has been imposed, the mineral planning authority are satisfied that the condition has been complied with they shall issue a certificate to that effect.

Recovery of expenses of compliance

6 A person who has complied with an aftercare condition but who has not himself carried out any operations for the winning and working of minerals in, on or under the land shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred in complying with the aftercare condition.

Part II Conditions imposed on Revocation or Modification of Permission

7 An order under section 97 may in relation to planning permission for development consisting of the winning and working of minerals, include such aftercare condition as the mineral planning authority think fit if—

(a) it also includes a restoration condition; or

(b) a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

8 Paragraphs 2(3) to (9) and 3 to 6 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under paragraph 2.

Sections 79,175,195,208.

SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State

Determination of appeals by appointed person

1 (1) The Secretary of State may by regulations prescribe classes of appeals under sections 78, 174, 195 and 208, which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2) Those classes of appeals shall be so determined except in such classes of case—

(a) as may for the time being be prescribed, or

(b) as may be specified in directions given by the Secretary of State.

(3) Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4) This paragraph shall not affect any provision in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5) A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.

Powers and duties of appointed person

2 (1) An appointed person shall have the same powers and duties—

(a) in relation to an appeal under section 78, as the Secretary of State has under subsections (1) and (4) of section 79;

(b) in relation to an appeal under section 174, as he has under sections 176(1), (2) and (5) and 177(1) to (4);

(c) in relation to an appeal under section 195, as he has under subsections (2) and (3) of that section and subsection (5) of section 196;

(d) in relation to an appeal under section 208, as he has under subsections (7) and (8) of that section.

(2) Sections 79(2), 175(3), 196(1) and 208(5) shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person.

(3) If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

(4) If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

(5) Sub-paragraph (2) does not apply in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101.

(6) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7) Except as provided by Part XII, the validity of that decision shall not be questioned in any proceedings whatsoever.

(8) It shall not be a ground of application to the High Court under section 288, or of appeal to the High Court under section 289 or 290, that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

(9) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies or to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

Determination of appeals by Secretary of State

3 (1) The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.

(2) Such a direction shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 71(2)(a).

(3) Where in consequence of such a direction an appeal falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

(4) The Secretary of State shall give the appellant, the local planning authority and any person who has made any such representations as mentioned in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if—

(a) the reasons for the direction raise matters with respect to which any of those persons have not made representations; or

(b) in the case of the appellant or the local planning authority, either of them was not asked in pursuance of paragraph 2(2) whether they wished to appear before and be heard by the appointed person, or expressed no wish in answer to that question, or expressed a wish to appear and be heard, but was not given an opportunity of doing so.

(5) Sub-paragraph (4) does not apply in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101.

(6) Except as provided by sub-paragraph (4), the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made.

(7) In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

4 (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.

(2) Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 71(2)(a).

(3) Where such a further direction has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

Appointment of another person to determine appeal

5 (1) At any time before the appointed person has determined the appeal the Secretary of State may—

(a) revoke his appointment; and

(b) appoint another person under paragraph 1 to determine the appeal instead.

(2) Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh.

(3) Nothing in sub-paragraph (2) shall require—

(a) the question referred to in paragraph 2(2) to be asked again with reference to the new appointed person if before his appointment it was asked with reference to the previous appointed person (any answers being treated as given with reference to the new appointed person); or

(b) any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearings

6 (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—

(a) may hold a local inquiry in connection with the appeal; and

(b) shall do so if the Secretary of State so directs.

(2) Where an appointed person—

(a) holds a hearing by virtue of paragraph 2(4); or

(b) holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3) Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be defrayed by the Secretary of State.

(4) Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held under this paragraph with the following adaptations—

(a) with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State; and

(b) with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State.

(5) The appointed person or the Secretary of State has the same power to make orders under section 250(5) of that Act (orders with respect to costs of the parties) in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.

Supplementary provisions

7 If before or during the determination of an appeal under section 78 which is to be or is being determined in accordance with paragraph 1, the Secretary of State forms the opinion mentioned in section 79(6), he may direct that the determination shall not be begun or proceeded with.

8 (1) The [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.

(2) Where an appointed person is an officer of the Department of the Environment or the Welsh Office the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the [1967 c. 13.] Parliamentary Commissioner Act 1967—

(a) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; and

(b) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.

Section 83.

SCHEDULE 7 Simplified Planning Zones

General

1 (1) A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for explaining or illustrating the provisions of the scheme.

(2) A simplified planning zone scheme shall specify—

(a) the development or classes of development permitted by the scheme,

(b) the land in relation to which permission is granted, and

(c) any conditions, limitations or exceptions subject to which it is granted;

and shall contain such other matters as may be prescribed.

Notification of proposals to make or alter scheme

2 An authority who decide under section 83(2) to make or alter a simplified planning zone scheme shall—

(a) notify the Secretary of State of their decision as soon as practicable, and

(b) determine the date on which they will begin to prepare the scheme or the alterations.

Power of Secretary of State to direct making or alteration of scheme

3 (1) If a person requests a local planning authority to make or alter a simplified planning zone scheme but the authority—

(a) refuse to do so, or

(b) do not within the period of three months from the date of the request decide to do so,

he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.

(2) A person may not require the reference of the matter to the Secretary of State if—

(a) in the case of a request to make a scheme, a simplified planning zone scheme relating to the whole or part of the land specified in the request has been adopted or approved within the 12 months preceding his request;

(b) in the case of a request to alter the scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within that period.

(3) The Secretary of State shall, as soon as practicable after a matter is referred to him—

(a) send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and

(b) notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.

(4) After the Secretary of State has—

(a) considered the matter and any written representations made by the applicant or the authority, and

(b) carried out such consultations with such persons as he thinks fit,

he may give the authority a simplified planning zone direction.

(5) The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.

4 (1) A simplified planning zone direction is—

(a) if the request was for the making of a scheme, a direction to make a scheme which the Secretary of State considers appropriate; and

(b) if the request was for the alteration of a scheme, a direction to alter it in such manner as he considers appropriate.

(2) A direction under sub-paragraph (1)(a) or (b) may extend—

(a) to the land specified in the request to the authority,

(b) to any part of the land so specified, or

(c) to land which includes the whole or part of the land so specified;

and accordingly may direct that land shall be added to or excluded from an existing simplified planning zone.

Publicity and consultations: general

5 (1) A local planning authority who propose to make or alter a simplified planning zone scheme shall proceed in accordance with this paragraph, unless paragraph 6 applies.

(2) They shall take such steps as will in their opinion secure—

(a) that adequate publicity for their proposals is given in the area to which the scheme relates,

(b) that persons who may be expected to wish to make representations about the proposals are made aware that they are entitled to do so, and

(c) that such persons are given an adequate opportunity of making such representations;

and they shall consider any representations made to them within the prescribed period.

(3) They shall then—

(a) prepare the proposed scheme or alterations,

(b) make copies of those documents available for inspection at their office, and

(c) send a copy of them to the Secretary of State.

(4) Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which objections may be made.

(5) Before preparing the proposed scheme or alterations the local planning authority shall consult the Secretary of State having responsibility for highways as to the effect of their proposals on existing or future highways; and when they have prepared the proposed scheme or alterations they shall send him a copy.

Publicity and consultations: short procedure for certain alterations

6 (1) Where a local planning authority propose to alter a simplified planning zone scheme and it appears to them that the issues involved are not of sufficient importance to warrant the procedure set out in paragraph 5, they may proceed instead in accordance with this paragraph.

(2) They shall prepare the proposed alterations and shall—

(a) make copies of them available for inspection at their office, and

(b) send a copy of them to the Secretary of State.

(3) Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which representations or objections may be made.

(4) They shall then take such steps as may be prescribed for the purpose of—

(a) advertising the fact that the proposed alterations are available for inspection and the places and times at which, and the period during which, they may be inspected, and

(b) inviting the making of representations or objections in accordance with regulations;

and they shall consider any representations made to them within the prescribed period.

(5) The local planning authority shall send a copy of the proposed alterations to the Secretary of State having responsibility for highways.

Powers of Secretary of State to secure adequate publicity and consultations

7 (1) The documents sent by the local planning authority to the Secretary of State under paragraph 5(3) shall be accompanied by a statement—

(a) of the steps which the authority have taken to comply with paragraph 5(2), and

(b) of the authority’s consultations with other persons and their consideration of the views of those persons.

(2) The documents sent by the local planning authority to the Secretary of State under paragraph 6(2) shall be accompanied by a statement of the steps which the authority are taking to comply with paragraph 6(4).

(3) If, on considering the statement and the proposals and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority, he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of the proposals without—

(a) proceeding in accordance with paragraph 5 (if they have proceeded instead in accordance with paragraph 6), or

(b) in any case, taking such further steps as he may specify,

and satisfying him that they have done so.

(4) A local planning authority who are given directions by the Secretary of State shall—

(a) immediately withdraw the copies of the documents made available for inspection as required by paragraph 5(3)(b) or 6(2)(a), and

(b) notify any person by whom objections to the proposals have been made to the authority that the Secretary of State has given such directions.

Objections: local inquiry or other hearing

8 (1) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering objections to their proposals for the making or alteration of a simplified planning zone scheme.

(2) They shall hold such a local inquiry or other hearing in the case of objections made in accordance with regulations unless all the persons who have made such objections have indicated in writing that they do not wish to appear.

(3) A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4) Regulations may—

(a) make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;

(b) include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(c) make provision with respect to the remuneration and allowances of the person appointed.

(5) Subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph.

(6) The [1971 c. 62.] Tribunals and Inquiries Act 1971 applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in section 12(1) (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a local authority.

Adoption of proposals by local planning authority

9 (1) The local planning authority shall consider any objections to proposals for the making or alteration of a simplified planning zone scheme which are duly made within the period given for making such objections and after that period has expired they may, subject to the following provisions of this paragraph and to paragraph 10, by resolution adopt the proposals.

(2) The authority may adopt the proposals as originally prepared or as modified so as to take account of—

(a) any such objections as are mentioned in sub-paragraph (1) or any other objections to the proposals, or

(b) any other considerations which appear to the authority to be material.

(3) If, before the proposals have been adopted by the local planning authority, it appears to the Secretary of State that they are unsatisfactory, he may direct the authority to consider modifying the proposals in such respects as are indicated in the direction.

(4) An authority to whom such a direction is given shall not adopt the proposals unless—

(a) they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction, or

(b) the direction is withdrawn.

Calling in of proposals for approval by Secretary of State

10 (1) Before the proposals have been adopted by the local planning authority the Secretary of State may direct that they shall be submitted to him for his approval.

(2) If the Secretary of State gives such a direction—

(a) the authority shall not take any further steps for the adoption of the proposals, and in particular shall not hold or proceed with a local inquiry or other hearing in respect of the proposals under paragraph 8; and

(b) the proposals shall not have effect unless approved by the Secretary of State and shall not require adoption by the authority.

Approval of proposals by Secretary of State

11 (1) The Secretary of State may after considering proposals submitted to him under paragraph 10 either approve them, in whole or in part and with or without modifications, or reject them.

(2) In considering the proposals the Secretary of State may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted to him.

(3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them, he shall, before determining whether or not to approve them—

(a) consider any objections to them made in accordance with regulations,

(b) give any person who made such an objection which has not been withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose, and

(c) if a local inquiry or other hearing is held, also give such an opportunity to the authority and such other persons as he thinks fit,

except so far as objections have already been considered, or a local inquiry or other hearing into the objections has already been held, by the authority.

(4) In considering the proposals the Secretary of State may consult with, or consider the views of, any local planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, except as provided by sub-paragraph (3).

Default powers

12 (1) Where by virtue of any of the previous provisions of this Schedule—

(a) a simplified planning zone scheme or proposals for the alteration of such a scheme are required to be prepared, or

(b) steps are required to be taken for the adoption of any such scheme or proposals,

then, if the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a scheme or proposals within a reasonable period, he may make the scheme or the alterations, as he thinks fit.

(2) Where under this paragraph anything which ought to have been done by a local planning authority is done by the Secretary of State, the previous provisions of this Schedule apply, so far as practicable, with any necessary modifications, in relation to the doing of that thing by the Secretary of State and the thing so done.

(3) Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by the authority to the Secretary of State.

Regulations and directions

13 (1) Without prejudice to the previous provisions of this Schedule, the Secretary of State may make regulations with respect—

(a) to the form and content of simplified planning zone schemes, and

(b) to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making or alteration.

(2) Any such regulations may in particular—

(a) provide for the notice to be given of, or the publicity to be given to—

(i) matters included or proposed to be included in a simplified planning zone scheme, and

(ii) the adoption or approval of such a scheme, or of any alteration of it, or any other prescribed procedural step,

and for publicity to be given to the procedure to be followed in these respects;

(b) make provision with respect to the making and consideration of representations as to matters to be included in, or objections to, any such scheme or proposals for its alteration;

(c) without prejudice to paragraph (a), provide for notice to be given to particular persons of the adoption or approval of a simplified planning zone scheme, or an alteration to such a scheme, if they have objected to the proposals and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(d) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(e) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request with copies of any document which has been made public for the purpose mentioned in paragraph 5(2) or has been made available for inspection under paragraph 5(3) or 6(2), subject (if the regulations so provide) to the payment of a reasonable charge;

(f) provide for the publication and inspection of a simplified planning zone scheme which has been adopted or approved, or any document adopted or approved altering such a scheme, and for copies of any such scheme or document to be made available on sale.

(3) Regulations under this paragraph may extend throughout England and Wales or to specified areas only and may make different provision for different cases.

(4) Subject to the previous provisions of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any local planning authority or to local planning authorities generally—

(a) for formulating the procedure for the carrying out of their functions under this Schedule;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Schedule.

Section 101(4).

SCHEDULE 8 Planning Inquiry Commissions

Part I Constitution and Procedure on References

Constitution of Commissions

1 (1) A Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.

(2) The Secretary of State may—

(a) pay to the members of any such commission such remuneration and allowances as he may with the consent of the Treasury determine, and

(b) provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(3) The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(4) In relation to any matter affecting both England and Wales—

(a) the functions of the Secretary of State under sub-paragraph (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly, and

(b) his functions under sub-paragraph (2) shall be exercised by one of those Secretaries of State authorised by the other to act on behalf of both of them for the purposes of that sub-paragraph.

Reference to a Planning Inquiry Commission

2 (1) Two or more of the matters mentioned in section 101(2) may be referred to the same commission if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites.

(2) Where a matter referred to a commission under section 101 relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

(3) On referring a matter to a commission, the responsible Minister or Ministers—

(a) shall state in the reference the reasons for the reference, and

(b) may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

Functions of Planning Inquiry Commission on reference

3 (1) A commission inquiring into a matter referred to them under section 101 shall—

(a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and

(b) assess the importance to be attached to those considerations or aspects.

(2) If—

(a) in the case of a matter mentioned in section 101(2)(a), (b) or (c), the applicant, or

(b) in any case, the local planning authority,

so wish, the commission shall give to each of them, and, in the case of an application or appeal mentioned in section 101(2)(a) or (b), also to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 71(1) or (2), an opportunity of appearing before and being heard by one or more members of the commission.

(3) The commission shall then report to the responsible Minister or Ministers on the matter referred to them.

(4) A commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

(5) In sub-paragraph (4) “the Secretary of State,” in relation to any matter affecting both England and Wales, means—

(a) the Secretary of State for the time being having general responsibility in planning matters in relation to England, or

(b) the Secretary of State for the time being having responsibility in relation to Wales,

acting, by arrangements between the two of them, on behalf of both.

Procedure on reference to a Planning Inquiry Commission

4 (1) A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

(2) A reference of any other matter mentioned in section 101 may be made at any time before, but not after, the determination of the relevant application referred under section 77 or the relevant appeal under section 78 or, as the case may be, the giving of the relevant direction under section 90(1).

(3) The fact that an inquiry or other hearing has been held into a proposal by a person appointed by any Minister for the purpose shall not prevent a reference of the proposal to a Planning Inquiry Commission.

(4) Notice of the making of a reference to any such commission shall be published in the prescribed manner.

(5) A copy of the notice must be served on the local planning authority for the area in which it is proposed that the relevant development will be carried out, and—

(a) in the case of an application for planning permission referred under section 77 or an appeal under section 78, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 71(1) or (2);

(b) in the case of a proposal that a direction should be given under section 90(1) with respect to any development, on the local authority or statutory undertakers applying for authorisation to carry out that development.

(6) Subject to the provisions of this paragraph and paragraph 5 and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

Local inquiries held by Planning Inquiry Commission

5 (1) A Planning Inquiry Commission shall, for the purpose of complying with paragraph 3(2), hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority want an opportunity to appear and be heard.

(2) Where a Planning Inquiry Commission are to hold a local inquiry under sub-paragraph (1) in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this paragraph to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

(3) An inquiry held by a commission under this paragraph shall be treated for the purposes of the [1971 c. 62.] Tribunals and Inquiries Act 1971 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

(4) Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry held under sub-paragraph (1) as they apply in relation to an inquiry caused to be held by a Minister under subsection (1) of that section, with the substitution for references to the Minister causing the inquiry to be held (other than the first reference in subsection (4)) of references to the responsible Minister or Ministers.

Part II Meaning of “the responsible Minister or Ministers”

6 In relation to the matters specified in the first column of the Table below (which are matters mentioned in subsection (2)(a), (b), (c) or (d) of section 101 as matters which may be referred to a Planning Inquiry Commission under that section) “the responsible Minister or Ministers” for the purposes of that section and this Schedule—

(a) in the case of a matter affecting England only, are those specified opposite in the second column of the Table;

(b) in the case of a matter affecting Wales only, are those specified opposite in the third column of the Table; and

(c) in the case of a matter affecting both England and Wales, are those specified opposite in the fourth column of the Table.

7 Where an entry in the second, third or fourth columns of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

Table

Referred matter	Affecting England only	Affecting Wales only	Affecting both England and Wales
1. Application for planning permission or appeal under section 78 relating to land to which section 266(1) applies.	The Secretary of State for the time being having general responsibility in planning matters in relation to England and the appropriate Minister (if different).	The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the appropriate Minister (if different).	The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the appropriate Minister (if different).
2. Application for planning permission or appeal under section 78 relating to land to which section 266(1) does not apply.	The Secretary of State for the time being having general responsibility in planning matters in relation to England.	The Secretary of State for the time being having general responsibility in planning matters in relation to Wales.	The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales.
3. Proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department.	The Secretary of State for the time being having general responsibility in planning matters in relation to England and the Minister (if different) in charge of the government department concerned.	The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the Minister (if different) in charge of the government department concerned.	The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the Minister (if different) in charge of the government department concerned.

Section 102(8).

SCHEDULE 9 Requirements relating to Discontinuance of Mineral Working

Orders requiring discontinuance of mineral working

1 (1) If, having regard to the development plan and to any other material considerations, it appears to a mineral planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—

(a) that any use of land for development consisting of the winning and working of minerals in, on or under the land should be discontinued, or that any conditions should be imposed on the continuance of that use of land; or

(b) that any buildings or works on land so used should be altered or removed; or

(c) that any plant or machinery used for the winning and working of minerals should be altered or removed,

the mineral planning authority may by order require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance of it or, as the case may be, require such steps as may be so specified to be taken for the alteration or removal of the buildings or works or plant or machinery.

(2) Subject to sub-paragraph (3), subsections (2) to (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102.

(3) In their application by virtue of sub-paragraph (2) subsections (2) to (7) of section 102 and section 103 shall have effect as if references to the local planning authority were references to the mineral planning authority.

2 (1) Where development consisting of the winning and working of minerals is being carried out in, on or under any land, the conditions which an order under paragraph 1 may impose include a restoration condition.

(2) If such an order—

(a) includes a restoration condition, or

(b) a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act,

the order may also include any such aftercare condition as the mineral planning authority think fit.

(3) Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 shall apply in relation to an aftercare condition imposed under this paragraph as they apply in relation to such a condition imposed under paragraph 2 of that Schedule, but with the substitution for sub-paragraphs (1) and (2) of paragraph 3 of that Schedule of sub-paragraphs (4) and (5) below.

(4) In a case where—

(a) the use specified in the aftercare condition is a use for agriculture;

(b) the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it, or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c) the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(5) In any other case where the use specified in the aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.

Prohibition of resumption of mineral working

3 (1) Where it appears to the mineral planning authority—

(a) that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

(b) that it has permanently ceased,

the mineral planning authority may by order—

(i) prohibit the resumption of such development; and

(ii) impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(2) The mineral planning authority may assume that development consisting of the winning and working of minerals has permanently ceased only when—

(a) no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least two years; and

(b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of such development in, on or under the land is unlikely.

(3) The requirements mentioned in sub-paragraph (1) are—

(a) a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working of minerals or for any purpose ancillary to that purpose;

(b) a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working of minerals, other than injury due to subsidence caused by underground mining operations;

(c) a requirement that any condition subject to which planning permission for development consisting of the winning and working of minerals was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d) a restoration condition.

(4) If—

(a) an order under this paragraph includes a restoration condition; or

(b) a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act,

the order under this paragraph may include any such aftercare condition as the mineral planning authority think fit.

(5) Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 apply in relation to an aftercare condition imposed under this paragraph as they apply to such a condition imposed under paragraph 2 of this Schedule.

4 (1) An order under paragraph 3 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(2) Where a mineral planning authority submit such an order to the Secretary of State for his confirmation under this paragraph, the authority shall serve notice of the order—

(a) on any person who is an owner or occupier of any of the land to which the order relates, and

(b) on any other person who in their opinion will be affected by it.

(3) The notice shall specify the period within which any person on whom the notice is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(4) If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the mineral planning authority.

(5) The period referred to in sub-paragraph (3) must not be less than 28 days from the service of the notice.

(6) Where an order under paragraph 3 has been confirmed by the Secretary of State, the mineral planning authority shall serve a copy of the order on every person who was entitled to be served with notice under sub-paragraph (2).

(7) When an order under paragraph 3 takes effect any planning permission for the development to which the order relates shall cease to have effect.

(8) Sub-paragraph (7) is without prejudice to the power of the mineral planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals.

Orders after suspension of winning and working of minerals

5 (1) Where it appears to the mineral planning authority—

(a) that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

(b) that it has been temporarily suspended,

the mineral planning authority may by order require that steps shall be taken for the protection of the environment.

(2) An order under sub-paragraph (1) is in this Act referred to as a “suspension order”.

(3) The mineral planning authority may assume that development consisting of the winning and working of minerals has been temporarily suspended only when—

(a) no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least 12 months; but

(b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such development in, on or under the land is likely.

(4) In this Act “steps for the protection of the environment” means steps for the purpose—

(a) of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while operations for the winning and working of minerals in, on or under it are suspended;

(b) of protecting that area from damage during that period; or

(c) of preventing any deterioration in the condition of the land during that period.

(5) A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any required step for the protection of the environment is to be taken and may specify different periods for the taking of different steps.

Supplementary suspension orders

6 (1) At any time when a suspension order is in operation the mineral planning authority may by order direct—

(a) that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous order under this sub-paragraph specified as required to be taken; or

(b) that the suspension order or any order under this sub-paragraph shall cease to have effect.

(2) An order under sub-paragraph (1) is in this Act referred to as a “supplementary suspension order”.

Confirmation and coming into operation of suspension orders

7 (1) Subject to sub-paragraph (2), a suspension order or a supplementary suspension order shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(2) A supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment shall take effect without confirmation.

(3) Sub-paragraphs (2) to (5) of paragraph 4 shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as they have effect in relation to an order submitted to him for his confirmation under that paragraph.

(4) Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the mineral planning authority shall serve a copy of the order on every person who was entitled to be served with notice of the order by virtue of sub-paragraph (3).

Registration of suspension orders as local land charges

8 A suspension order or a supplementary suspension order shall be a local land charge.

Review of suspension orders

9 (1) It shall be the duty of a mineral planning authority—

(a) to undertake in accordance with the following provisions of this paragraph reviews of suspension orders and supplementary suspension orders which are in operation in their area; and

(b) to determine whether they should make in relation to any land to which a suspension order or supplementary suspension order applies—

(i) an order under paragraph 3; or

(ii) a supplementary suspension order.

(2) The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.

(3) Each subsequent review shall be undertaken not more than five years after the previous review.

(4) If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

(5) If a mineral planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous suspension order or supplementary suspension order, the authority shall undertake reviews of the supplementary suspension order in accordance with sub-paragraphs (6) and (7).

(6) The first review shall be undertaken not more than five years from the date on which the order takes effect.

(7) Each subsequent review shall be undertaken not more than five years after the previous review.

(8) The duties to undertake reviews imposed by this paragraph are in addition to and not in substitution for the duties imposed by section 105.

Resumption of mineral working after suspension order

10 (1) Subject to sub-paragraph (2), nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals in, on or under the land in relation to which the order has effect.

(2) No person shall recommence such development without first giving the mineral planning authority notice of his intention to do so.

(3) A notice under sub-paragraph (2) shall specify the date on which the person giving the notice intends to recommence development consisting of the winning and working of minerals.

(4) The mineral planning authority shall revoke the order if development consisting of the winning and working of minerals has recommenced to a substantial extent in, on or under the land in relation to which the order has effect.

(5) If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under sub-paragraph (2), the person who gave that notice may apply to the Secretary of State for the revocation of the order.

(6) Notice of an application under sub-paragraph (5) shall be given by the applicant to the mineral planning authority.

(7) If he is required to do so by the person who gave the notice or by the mineral planning authority, the Secretary of State shall, before deciding whether to revoke the order, give him and the mineral planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(8) If the Secretary of State is satisfied that development consisting of the winning and working of minerals in, on or under the land has recommenced to a substantial extent, he shall revoke the order.

(9) If the Secretary of State revokes an order by virtue of sub-paragraph (8), he shall give notice of its revocation—

(a) to the person who applied to him for the revocation, and

(b) to the mineral planning authority.

Default powers of Secretary of State

11 (1) If it appears to the Secretary of State to be expedient that any order under paragraph 1, 3, 5 or 6 should be made, he may himself make such an order.

(2) Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the mineral planning authority and confirmed by the Secretary of State.

(3) The Secretary of State shall not make such an order without consulting the mineral planning authority.

(4) Where the Secretary of State proposes to make an order under paragraph 1 he shall serve a notice of the proposal on the mineral planning authority.

(5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6) If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.

(7) The provisions of this Schedule and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the mineral planning authority of any order to which sub-paragraph (1) applies, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.

Sections 111 and 114.

SCHEDULE 10 Condition treated as applicable to rebuilding and alterations

1 Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than ten per cent. the amount of gross floor space which was last used for that purpose in the original building.

2 Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.

3 In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.

4 (1) For the purposes of this Schedule gross floor space shall be ascertained by external measurement.

(2) Where different parts of a building are used for different purposes, floor space common to those purposes shall be apportioned rateably.

5 In relation to a building erected after 1st July 1948 which is a building resulting from the carrying out of any such works as are described in paragraph 1 of Schedule 3, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

Section 116.

SCHEDULE 11 Compensation in respect of certain orders affecting mineral working

Power to modify compensation provisions

1 (1) The Secretary of State may by regulations made with the consent of the Treasury direct that where mineral compensation requirements are satisfied sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be specified in the regulations, to such modifications (in this Schedule referred to as “mineral compensation modifications”) as may be so specified.

(2) Any such regulations shall make provision as to circumstances in which compensation is not to be payable.

(3) Any such regulations shall make provision—

(a) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; or

(b) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed.

(4) Regulations made by virtue of sub-paragraph (3)(a) in relation to compensation where an order is made under section 97 or paragraph 1 of Schedule 9 shall provide that the amount of the compensation under section 107 or, as the case may be, section 115 shall be reduced—

(a) by the prescribed sum; or

(b) by a sum equal to the prescribed percentage of the appropriate sum.

(5) In sub-paragraph (4) “the appropriate sum” means the product of—

(a) the sum which represents the annual value of the right to win and work minerals at the site to which the order relates, and

(b) a multiplier which the Secretary of State considers appropriate having regard to the period at the expiry of which the minerals in, on or under that site might be expected to be exhausted if they continued to be extracted at the rate which has been assumed for the purpose of calculating the annual value of the right to win and work them.

(6) The prescribed percentage shall not be more than 10 per cent.

(7) The annual value of the right to win and work the minerals shall be calculated in the prescribed manner.

(8) Regulations under this paragraph—

(a) may make different provision for different cases; and

(b) may include such incidental or supplementary provisions as the Secretary of State considers expedient.

(9) No regulations under this paragraph shall have effect until approved by a resolution of each House of Parliament.

(10) Before making any such regulations the Secretary of State shall consult such persons or bodies of persons as appear to him to be representative—

(a) of persons carrying out mining operations;

(b) of owners of interests in land containing minerals; and

(c) of mineral planning authorities.

Circumstances in which mineral compensation modifications apply

2 Where—

(a) an order under section 97 modifies planning permission for development consisting of the winning and working of minerals, and

(b) mineral compensation requirements are satisfied in relation to the order in accordance with paragraph 4,

section 107 shall have effect subject to such mineral compensation modifications as may be prescribed under paragraph 1.

3 Where mineral compensation requirements are satisfied in relation to an order under paragraph 1, 3, 5 or 6 of Schedule 9, section 115 shall have effect subject to such mineral compensation modifications as may be prescribed under paragraph 1.

Mineral compensation requirements

4 (1) Subject to sub-paragraph (3), mineral compensation requirements are satisfied in relation to such an order as is mentioned in paragraph 2 if—

(a) the order does not—

(i) impose any restriction on the winning and working of minerals; or

(ii) modify or replace any such restriction subject to which the planning permission was granted or which was imposed by a relevant order; and

(b) the mineral planning authority carried out special consultations about the making and terms of the order before they made it; and

(c) either—

(i) the permission was granted not less than five years before the date of the order; or

(ii) the conditions specified in sub-paragraph (2) are satisfied.

(2) The conditions mentioned in sub-paragraph (1)(c)(ii) are—

(a) that the planning permission which the order modifies was granted before 22nd February 1982; and

(b) that the order—

(i) imposes an aftercare condition; and

(ii) does not impose any other condition.

(3) Where the mineral planning authority making the order under section 97 (“the subsequent order”) have previously made a relevant order or orders, mineral compensation requirements are not satisfied in relation to the subsequent order unless it was made more than five years after the order previously made or the last such order.

5 Subject to paragraph 9, mineral compensation requirements are satisfied in relation to an order under paragraph 1 of Schedule 9 if—

(a) the order—

(i) imposes any conditions on the continuance of the use of land for the winning and working of minerals; or

(ii) requires that any buildings or works or plant or machinery used for the winning and working of minerals be altered or removed; and

(b) the conditions specified in paragraph 8 are satisfied.

6 Subject to paragraph 9, mineral compensation requirements are satisfied in relation to an order under paragraph 3 of Schedule 9 if the conditions specified in paragraph 8(a) and (c) are satisfied.

7 Mineral compensation requirements are satisfied in relation to an order under paragraph 5 or 6 of Schedule 9 if the conditions specified in paragraph 8(c) are satisfied.

8 The conditions mentioned in paragraphs 5(b), 6 and 7 are—

(a) that development consisting of the winning and working of minerals began not less than five years before the date of the order;

(b) that the order does not—

(i) impose any restriction on the winning and working of minerals; or

(ii) modify or replace any such restriction subject to which planning permission for development consisting of the winning and working of minerals was granted or which was imposed by a relevant order; and

(c) that the mineral planning authority carried out special consultations about the making and terms of the order before they made it.

9 Where the mineral planning authority—

(a) make—

(i) an order under paragraph 1 of Schedule 9 which imposes any such conditions or makes any such requirement as mentioned in paragraph 5(a) of this Schedule; or

(ii) an order under paragraph 3 of that Schedule; and

(b) have previously made a relevant order or orders,

mineral compensation requirements are not satisfied in relation to the order mentioned in paragraph (a) unless it was made more than five years after the order previously made or the last such order.

Restriction on the winning and working of minerals

10 (1) In this Schedule “restriction on the winning and working of minerals” means—

(a) in relation to planning permission granted for development consisting of the winning and working of minerals, a condition subject to which the permission was granted and which made provision to which this paragraph applies; and

(b) in relation to an order under section 97 or paragraph 1 of Schedule 9, a term of the order which made such provision.

(2) This paragraph applies to—

(a) any provision—

(i) for the period before the expiration of which development consisting of the winning and working of minerals was to be begun;

(ii) for the size of the area to be used for the winning and working of minerals;

(iii) for the depth to which operations for the winning and working of minerals were to extend;

(iv) for the rate at which any particular mineral was to be extracted; or

(v) for the period at the expiry of which the winning and working of minerals was to cease; and

(b) any provision whose effect is in any way to restrict the total quantity of minerals to be extracted.

Relevant order

11 In this Schedule “relevant order”, in relation to any land, means an order under section 97 or paragraph 1 or 3 of Schedule 9.

Special consultations

12 (1) Any reference in this Schedule to a mineral planning authority carrying out special consultations about the making and terms of an order before they make it is a reference to their carrying out consultations—

(a) subject to sub-paragraph (2), with any person who has an interest—

(i) in the land to which the order will relate; or

(ii) in minerals in, on or under that land; and

(b) if the land to which the order will relate is in a non-metropolitan county, with the district council in whose area it is situated.

(2) The duty to consult imposed by sub-paragraph (1)(a) is only a duty to consult persons whom the mineral planning authority are able to trace by taking reasonable steps to do so.

Determination of claims

13 The references in section 118 to questions of disputed compensation under this Part of this Act include references to questions of disputed compensation under sections 107, 115, 117, 279 and 280 as modified by regulations under paragraph 1.

Section 119.

SCHEDULE 12 Unexpended Balance of Established Development Value

Derivation of unexpended balance from claims under Part VI of 1947 Act

1 (1) In determining for the purposes of this Part whether land has an unexpended balance of established development value, regard shall be had to claims made, in pursuance of Part Vl of the 1947 Act, for payments under the scheme provided for by section 58 of that Act (that is to say, the scheme which, but for the provisions of section 2 of the [1953 c. 16.] Town and Country Planning Act 1953 , would have fallen to be made under the said section 58, providing for payments in respect of interests in land depreciated in value by virtue of the provisions of the 1947 Act).

(2) Where such a claim was made in respect of an interest in land, that claim shall for the purposes of this Part be taken to have been established in respect of that land under Part Vl of the 1947 Act if an amount was determined under that Part as being the development value of the interest to which the claim related, and payment in respect of that interest would not have been excluded—

(a) by section 63 of the 1947 Act (which excluded claims where the development value was small in proportion to the area, or to the restricted value, of the land); or

(b) by any of sections 82 to 85 of that Act (which related to certain land belonging to local authorities, development corporations and statutory undertakers, and to land held on charitable trusts); or

(c) by section 84 of that Act as applied by regulations under section 90 of that Act (which related to the National Coal Board).

(3) In this Part—

(a) “established claim” means a claim which by virtue of sub-paragraph (2) is to be taken to have been established as mentioned in that sub-paragraph, and references to the establishment of a claim shall be construed accordingly; and

(b) “the claim area”, in relation to an established claim, means the land in respect of which the claim is by virtue of that sub-paragraph to be taken to have been established.

(4) References in this Part to the benefit of an established claim—

(a) in relation to any time before the passing of the [1953 c. 16.] Town and Country Planning Act 1953, whether before or after the making of the claim, or before or after the establishment of it, shall be construed as references to the prospective right, under and subject to the provisions of the scheme referred to in sub-paragraph (1), to receive a payment in respect of the interest in land to which the claim related; and

(b) in relation to any time after the passing of that Act, shall be construed as references to such prospective right to the satisfaction of the claim as subsisted by virtue of section 2 of that Act immediately before lst January 1955 (the date of the commencement of the 1954 Act);

and references to part of the benefit of an established claim shall be construed accordingly.

(5) References in this Part to the amount of an established claim are references to the amount determined under Part Vl of the 1947 Act as being the development value of the interest in land to which the claim related.

(6) In this paragraph any reference to Part Vl of the 1947 Act includes a reference to the provisions of that Part as modified by Schedule 1 to the 1954 Act.

Original unexpended balance of established development value

2 (1) In this Part “original unexpended balance of established development value”, in relation to any land, means the unexpended balance of established development value which that land had immediately after the time when, in accordance with paragraph 4, the adjustment of claim holdings is deemed to have been completed.

(2) For the purposes of this Part land shall be taken to have had such a balance if, immediately after the time referred to in sub-paragraph (1)—

(a) there were subsisting one or more claim holdings whose area consisted of that land, or included that land together with other land; and

(b) there was not subsisting any claim holding whose area consisted of part only of that land, whether with or without other land.

(3) Where sub-paragraph (2) applies, there shall be attributed to the land referred to in that sub-paragraph—

(a) the value of any claim holding having an area consisting of that land; and

(b) such fraction of the value of any claim holding whose area included that land as attached to that land,

and the original unexpended balance of established development value of that land shall be taken to have been an amount equal to eight-sevenths of the amount or aggregate amount so attributed.

Claim holdings: their areas and values

3 (1) Subject to this paragraph and to paragraph 4, in this Part—

(a) “claim holding” means the benefit of an established claim;

(b) references to the area of a claim holding are references to the land which, in relation to the established claim constituting that holding, is the claim area;

(c) references to the value of a claim holding are references to the amount of the established claim constituting that holding; and

(d) references to the fraction of the value of a claim holding which attached to a part of the area of the holding are references to so much of the amount of the established claim of which that holding represents the benefit or part of the benefit (in this paragraph referred to as “the relevant established claim”) as was properly attributable to that part of the area of the holding.

(2) In the case of a claim holding where—

(a) the area of the holding is the same as the claim area of the relevant established claim; but

(b) the value of the claim holding is, by virtue of the adjustment of claim holdings, less than the amount of the relevant established claim,

the amount of any such fraction as is referred to in sub-paragraph (1)(d) shall be treated as reduced proportionately.

(3) In the case of a claim holding where—

(a) the area of the holding consists of part only of the claim area of the relevant established claim; and

(b) the value of the holding is, by virtue of the adjustment of claim holdings, less or greater than so much of the amount of the relevant established claim as was properly attributable to the area of the holding,

the amount of any such fraction as is referred to in sub-paragraph (1)(d) shall be treated as reduced, or (as the case may be) increased, proportionately.

(4) For the purposes of this paragraph, the part of the amount of the relevant established claim which was properly attributable to any land forming part of the claim area shall be taken to have been so much of the amount of that claim as might reasonably be expected to have been attributed to that land if the authority determining that amount had been required to apportion it, in accordance with the same principles as applied to its determination, between that land and the residue of the claim area.

Adjustment of claim holdings: preliminary

4 (1) Paragraphs 5 to 11 shall have effect with respect to the adjustment of claim holdings for the purposes of this Part.

(2) Any reference in this Part to the adjustment of claim holdings is a reference to the operation of those paragraphs.

(3) For the purposes of this Part the adjustment of claim holdings shall be deemed to have been completed on 1st January 1955.

(4) In paragraphs 5 to 11 “the time of completion” means the time when, in accordance with sub-paragraph (3), the adjustment of claim holdings is deemed to have been completed.

Adjustment of claim holdings pledged to Central Land Board as security for development charges

5 (1) Where a claim holding was pledged to the Central Land Board in accordance with the special arrangements relating to owners of single house plots, that claim holding shall, subject to sub-paragraph (2), be deemed to have been extinguished as from the time when it was pledged to the Board.

(2) Where a claim holding (in this sub-paragraph referred to as “the original holding”) was pledged as mentioned in sub-paragraph (1) but was so pledged by reference to a plot of land which did not extend to the whole of the area of the original holding, that sub-paragraph shall not apply, but there shall be deemed to have been substituted for the original holding, as from the time of the pledge, a claim holding with an area consisting of so much of the area of the original holding as was not comprised in that plot of land, and with a value equal to that fraction of the value of the original holding which then attached to so much of the area of the original holding as was not comprised in that plot.

(3) Without prejudice to sub-paragraphs (1) and (2), where a pledge to the Central Land Board comprised one or more claim holdings, and the unpaid balance of the development charge covered by the pledge, or (if more than one) the aggregate of the unpaid balances of the development charges so covered, was equal to or greater than the value of the claim holding, or the aggregate value of the claim holdings, as the case may be, the holding or holdings shall be deemed to have been extinguished as from the time of the pledge.

(4) Where a pledge to the Central Land Board comprised only a single claim holding with an area of which every part either consisted of, or formed part of, the land in respect of which some development charge covered by the pledge was determined, and sub-paragraph (3) does not apply, the value of that claim holding shall be deemed to have been reduced, as from the time of the pledge, by the unpaid balance of the development charge covered by the pledge, or (if more than one) by the aggregate of the unpaid balances of all the development charges covered by the pledge.

(5) Sub-paragraphs (6) to (9) shall have effect in the case of a pledge of one or more claim holdings to the Central Land Board to which neither sub-paragraph (3) nor (4) applies.

(6) Any claim holding comprised in the pledge with an area of which every part either consisted of, or formed part of, the land in respect of which some development charge covered by the pledge was determined shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

(7) Any claim holding comprised in the pledge with an area part of which did, and part of which did not, consist of, or form part of, such land as is mentioned in sub-paragraph (6) shall be treated as if, at the time of the pledge, the claim holding (in this sub-paragraph referred to as “the parent holding”) had been divided into two separate claim holdings, that is to say—

(a) a claim holding with an area consisting of so much of the area of the parent holding as consisted of, or formed part of, such land as is mentioned in sub-paragraph (6), and with a value equal to that fraction of the value of the parent holding which then attached to that part of the area of the parent holding; and

(b) a claim holding with an area consisting of the residue of the area of the parent holding, and with a value equal to that fraction of the value of the parent holding which then attached to the residue of the area of the parent holding,

and the claim holding referred to in paragraph (a) shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

(8) Sub-paragraph (3) or (4) shall then apply in relation to each claim holding (if any) allocated in accordance with sub-paragraph (6) or sub-paragraph (7) to any development charge, or to any development charges collectively, as if the pledge had comprised only that claim holding and had covered only that development charge or those development charges.

(9) If, after the application of the previous provisions of this paragraph, there remains outstanding any claim holding not allocated in accordance with those provisions, or any claim holding which (having been so allocated) is deemed to have been reduced in value but not extinguished, an amount equal to the aggregate of—

(a) the unpaid balance of any development charge covered by the pledge to which no claim holding was so allocated; and

(b) the amount (if any) by which the value of any claim holding so allocated which is deemed to have been extinguished falls short of the unpaid balance of the development charge, or the aggregate of the unpaid balances of the development charges, to which it was so allocated,

shall be treated as having been deducted from the value of the claim holding so remaining outstanding, or (if more than one) as having been deducted rateably from the respective values of those claim holdings, and the value of any such holding shall be deemed to have been reduced accordingly as from the time of the pledge.

6 (1) In paragraph 5 and this paragraph references to the pledging of a claim holding to the Central Land Board are references to any transaction by which—

(a) the holder of the claim holding mortgaged it to the Central Land Board as security, or part of the security, for one or more development charges determined, or thereafter to be determined, by the Board; or

(b) the holder and the Central Land Board agreed that a development charge determined by the Board should be set off against any payment which might thereafter become payable to the holder by reference to that holding; or

(c) the Central Land Board refrained from determining a development charge, which would otherwise have fallen to be determined by them, in consideration of a mortgage of the holding, with or without other claim holdings.

(2) All pledges of claim holdings to the Central Land Board made by the same person, whether or not made at the same time, other than any pledge to which paragraph 5(1) applies, shall for the purposes of paragraph 5 and this paragraph be treated collectively as a single pledge made at the time when the last of those pledges was made.

(3) Where a development charge covered by a pledge to the Central Land Board was determined in respect of land consisting of, or forming part of, the area of a claim holding—

(a) which was not comprised in the pledge; but

(b) whose holder immediately before the time of completion was the person who would, apart from the pledge, have been liable to pay the unpaid balance of the development charge,

then, for the purposes of paragraph 5 and this paragraph, that claim holding shall be deemed to have been comprised in the pledge.

(4) In paragraph 5 and this paragraph references to the determination of a development charge in respect of any land are references to a determination of the Central Land Board that the charge was payable in respect of the carrying out of operations in, on, over or under that land, or in respect of the use of that land.

(5) For the purposes of paragraph 5 and this paragraph the amount of a development charge—

(a) in a case where the Central Land Board determined that amount as a single capital payment, shall be taken to have been the amount of that payment; and

(b) in a case where the Board determined that amount otherwise than as a single capital payment, shall be taken to have been the amount of the single capital payment which would have been payable if the Board had determined the amount as such a payment;

and references in those paragraphs to the unpaid balance of a development charge are references to the amount of the charge, if no sum was actually paid to the Board on account of the charge, or if any sum was so paid, are references to the amount of the charge reduced by the amount or aggregate amount of the sum or sums so paid, other than any sum paid by way of interest.

(6) In relation to the pledging of a claim holding to the Central Land Board, references in paragraph 5 and this paragraph to a development charge covered by the pledge are references to a development charge the payment of which was secured, or partly secured, by the pledge, or, as the case may be, which was agreed to be set off against any payment which might become payable by reference to that claim holding.

(7) References in paragraph 5 and this paragraph to a mortgage of a claim holding do not include a mortgage which was subsequently discharged.

Adjustment by reference to payments in respect of war-damaged land

7 (1) This paragraph shall have effect where a payment under the scheme has become, or becomes payable in respect of an interest in land, and a claim holding related (or would, apart from this paragraph, have related) to the same interest in the whole or part of that land, with or without any other land.

(2) In this paragraph—

• “the scheme” means the scheme made under section 59 of the 1947 Act,

• “the date of the scheme” means 12th December 1949,

• “payment under the scheme” means a payment which has become, or becomes, payable by virtue of the scheme,

and in relation to any payment under the scheme—

(a) references to the payment area are references to the land in respect of which the payment became or becomes payable, and

(b) references to the amount of the payment shall be construed as references to the principal amount of it, excluding any interest payable on it in accordance with section 65(3) of the 1947 Act.

(3) If the payment area is identical with the area of the claim holding, then—

(a) in the case of a payment of an amount equal to the value of the claim holding, the claim holding shall be deemed to have been extinguished as from the date of the scheme;

(b) in the case of a payment of an amount less than the value of the claim holding, the value of the claim holding shall be deemed to have been reduced, as from the date of the scheme, by the amount of the payment.

(4) If the payment area forms part of the area of the claim holding, the holding (in this sub-paragraph referred to as “the parent holding”) shall be treated, as from the date of the scheme, as having been divided into two claim holdings, that is to say—

(a) a claim holding with an area consisting of that part of the area of the parent holding which constituted the payment area, and with a value equal to that fraction of the value of the parent holding which attached to that part of the area of the parent holding; and

(b) a claim holding with an area consisting of the residue of the area of the parent holding, and with a value equal to that fraction of the value of the parent holding which attached to the residue of the area of the parent holding;

and sub-paragraph (3) shall have effect in relation to the claim holding referred to in paragraph (a) as if it were the parent holding.

(5) If the payment area includes the area of the claim holding together with other land, sub-paragraph (3) shall apply as if—

(a) the payment area had been identical with the area of the claim holding; but

(b) the amount of the payment had been so much of the actual amount of it, as might reasonably be expected to have been attributed to the area of the claim holding if, under the scheme, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between the area of the claim holding and the rest of the payment area.

(6) If the payment area includes part of the area of the claim holding together with other land not comprised in the area of the claim holding—

(a) sub-paragraph (4) shall apply as if the part of the payment area comprised in the area of the claim holding had been the whole of the payment area; and

(b) sub-paragraph (5) shall apply as if the part of the area of the claim holding comprised in the payment area had been the whole of the area of the claim holding.

Adjustment in cases of partial disposition of claim holdings

8 (1) This paragraph shall have effect where, by virtue of a disposition of part of the benefit of an established claim, not being a mortgage made otherwise than by way of assignment (in this paragraph referred to as “the relevant disposition”), different persons became entitled to different parts of the benefit of that established claim.

(2) As from the date of the relevant disposition, each of those different parts shall be treated as having constituted a separate claim holding.

(3) The area and value of any such separate claim holding at any time after the relevant disposition shall be taken to have been such as may, in the requisite manner, be or have been determined to be just and appropriate in all the circumstances.

(4) In sub-paragraph (3) the reference to determination in the requisite manner of the area and value of a claim holding is a reference to the determination of it on the occasion of an apportionment affecting that holding which fell or falls to be made for any of the purposes of the 1954 Act, Part VI of the 1962 Act or Schedule 5 to that Act, Part VII of the 1971 Act or this Part of this Act, being a determination made—

(a) by the authority making that apportionment; or

(b) where, under the 1954 Act, Part Vl of the 1962 Act, Part VII of the 1971 Act or this Part that authority’s findings were or are referred to the Lands Tribunal, by that Tribunal,

having regard in particular to the principles mentioned in sub-paragraphs (5) to (8).

(5) The aggregate of the values of all claim holdings representing parts of the benefit of the same established claim must not exceed the amount of the established claim.

(6) Subject to sub-paragraph (5), where a claim holding representing part only of the benefit of an established claim was pledged to the Central Land Board, otherwise than as mentioned in paragraph 5(1), and by virtue of paragraph 5 the value of that claim holding is deemed to have been reduced by reference to an amount due by way of development charge, the value of that holding at the time of the pledge is not to be taken to have been less than the amount credited for the purposes of the pledge by reference to the holding.

(7) In the case of the claim holding representing the part of the benefit of an established claim which was the subject of the relevant disposition, if it was not a claim holding to which sub-paragraph (8) applies—

(a) the area of that claim holding is to be taken to be the claim area of that established claim, less the area of any claim holding to which that sub-paragraph applies which represents part of the benefit of the same established claim; and

(b) the value of the claim holding immediately after the relevant disposition is, subject to sub-paragraphs (5) and (6), to be taken to have been that part of the amount of the established claim to which the holder purported to become entitled under the terms of the relevant disposition.

(8) Where any person who was entitled to a claim holding representing part only of the benefit of an established claim—

(a) at any time while so entitled was also entitled to the interest in land to which the established claim related in so far as that interest subsisted in part only of the claim area; and

(b) became entitled to both that holding and that interest in such circumstances that the authority making the apportionment in question or the Lands Tribunal, as the case may be, were or are satisfied that the holding and the interest were intended to relate to one another,

the area of that claim holding is to be taken to be that part of the claim area, and the value of the holding immediately after the relevant disposition (however that or any other disposition affecting the holding was expressed, but subject to sub-paragraphs (5) to (7)) is to be taken to have been an amount equal to so much of the amount of the established claim as might reasonably be expected to have been attributed to that part of the claim area if the authority determining the amount of that established claim had been required to apportion it, in accordance with the same principles as applied to its determination, between that part and the residue of the claim area.

(9) Paragraph 6 shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 5.

Adjustment in respect of payments under Part I of 1954 Act

9 (1) This paragraph shall have effect where, by virtue of Part I of the 1954 Act, a payment became or becomes payable in respect of a claim holding.

(2) Subject to the following provisions of this paragraph, if either—

(a) the principal amount of the payment was or is not less than the value of the claim holding; or

(b) the payment (whatever its amount) became or becomes payable under Case D (that is to say, by virtue of section 8 of the 1954 Act, which related to cases where a claim holding had been disposed of for valuable consideration),

the claim holding shall be deemed to have been extinguished; and if the principal amount of the payment (not being a payment under Case D) was or is less than the value of the claim holding, the value of that holding shall be deemed to have been reduced by the principal amount of the payment.

(3) Sub-paragraph (2) shall apply where two or more payments under Part I of the 1954 Act were or are payable in respect of the same claim holding, with the substitution, for references to the principal amount of the payment, of references to the aggregate of the principal amounts of the payments.

(4) Where one or more relevant acts or events have occurred in relation to a claim holding (in this paragraph referred to as “the parent holding”) and any such act or event did not extend to the whole of the area of the parent holding, then, for the purposes of sub-paragraphs (1) to (3) and paragraph 10 and of the relevant provisions—

(a) the parent holding shall be treated as having been divided immediately before the time of completion, into as many separate claim holdings, with such areas, as may be necessary to ensure that, in the case of each holding, either any relevant act or event extending to the area of that holding extended to the whole of it or no relevant act or event extended to the area of that holding;

(b) the value of each of the separate holdings respectively shall be taken to have been that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding; and

(c) the portion of the amount of any payment under Part I of the 1954 Act which, by the authority determining that amount, was or is apportioned to the area of any of the separate claim holdings shall be taken to have been a payment payable under that Part in respect of that claim holding.

(5) In this paragraph—

• “relevant act or event”, in relation to a claim holding, means an act or event by which, in accordance with the provisions of Part I of the 1954 Act, one or more payments became or become payable in respect of that claim holding, and

• “the relevant provisions” means sections 119 to 136 and paragraphs 1 to 4, 12 to 14, 16 and 18 to 20.

(6) For the purposes of this paragraph—

(a) a payment shall be treated as having become payable notwithstanding that the right to receive the payment was extinguished by section 14(2) of the 1954 Act (which enabled the Central Land Board to set off payments against liabilities in respect of development charges);

(b) any reduction of the principal amount of a payment by virtue of that subsection shall be disregarded; and

(c) where in accordance with subsection (3) of section 14 or subsection (6) of section 58 of the 1954 Act (which provided for cases of failure to apply for a payment within the appropriate period) an amount was determined as being the principal amount of a payment to which a person would have been entitled as mentioned in those subsections respectively, that payment shall be treated as if it had become due and as if the principal amount of it had been the amount so determined.

(7) Where in accordance with sub-paragraphs (1) to (6) a claim holding is deemed to have been extinguished or the value of a claim holding is deemed to have been reduced, the extinguishment or reduction, as the case may be, shall be deemed to have had effect immediately before the time of completion.

(8) References in this paragraph to the value of a claim holding are references to the value of it immediately before the time of completion.

Adjustment in respect of compensation under Part V of 1954 Act

10 (1) Where compensation under Part V of the 1954 Act became or becomes payable by reference to a claim holding, then (subject to the following provisions of this paragraph) for the purposes of this Part—

(a) if the principal amount of the compensation was or is equal to the value of the claim holding at the time of completion (ascertained apart from this paragraph) the claim holding shall be deemed to have been extinguished immediately before that time;

(b) if the principal amount of the compensation was or is less than the value of the claim holding at that time (ascertained apart from this paragraph) the value of the claim holding shall be deemed to have been reduced immediately before that time by the principal amount of the compensation.

(2) Where—

(a) compensation became or becomes payable as mentioned in sub-paragraph (1), and

(b) at any time an amount became or becomes recoverable in respect of it under section 29 of the 1954 Act, as applied by section 46 of that Act, or under section 159 of the 1971 Act as applied by Schedule 24 to that Act to compensation under Part V of the 1954 Act, or under section 133 of this Act as applied by virtue of Schedule 3 to the [1990 c. 11.] Planning (Consequential Provisions) Act 1990 to such compensation,

then, for the purposes of this Part, sub-paragraph (1) shall have effect as from that time as if the principal amount of that compensation had been reduced by a sum equal to seven-eighths of the amount which so became or becomes recoverable.

(3) Where, in the case of a claim holding (in this sub-paragraph referred to as “the parent holding”), compensation under Part V of the 1954 Act became or becomes payable in respect of depreciation of the value of an interest in land by one or more planning decisions or orders, and any such decision or order did not extend to the whole of the area of the parent holding, then for the purposes of sub-paragraphs (1) and (2) and for the purposes of the relevant provisions (within the meaning of paragraph 9(5))—

(a) the parent holding shall be treated as having been divided immediately before the time of completion into as many separate claim holdings, with such areas, as may be necessary to ensure that, in the case of each holding, either any such decision or order extending to the area of that holding extended to the whole of it or no such decision or order extended to the area of that holding;

(b) the value of each of the separate holdings respectively shall be taken to have been that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding; and

(c) the portion of the amount of any such compensation which, by the authority determining that amount, was or is apportioned to the area of any of the separate claim holdings shall be taken to have been compensation payable under Part V of the 1954 Act in respect of that claim holding.

Adjustment of claim holdings: supplementary provisions

11 (1) Where in accordance with any of paragraphs 5 to 10 a part of the benefit of an established claim constituted a separate claim holding, the interest in land to which that claim holding related—

(a) if the established claim related to the fee simple of the claim area, shall be taken to have been the fee simple of the area of the claim holding;

(b) if the established claim related to a leasehold interest, shall be taken to have been that leasehold interest in so far as it subsisted in the area of the claim holding.

(2) Where in accordance with any of those paragraphs a claim holding (in this sub-paragraph referred to as “the parent holding”) is to be treated as divided into two or more claim holdings, a person who was the holder of one of those holdings shall be treated as having been the holder of it at any time when he was the holder of the parent holding.

(3) In paragraphs 5 to 10 and this paragraph expressions used in the relevant provisions (within the meaning of paragraph 9(5)) have the same meanings as in those provisions.

(4) In paragraphs 5 to 10 and this paragraph “the holder”, in relation to a claim holding, means—

(a) the person for the time being entitled to the holding, or

(b) in the case of a holding subject to a mortgage made otherwise than by way of assignment, the person who would for the time being have been entitled to the holding if it had not been mortgaged.

General provision for continuance of original unexpended balance

12 Where in accordance with paragraph 2 land had an original unexpended balance of established development value, then, subject to the following provisions of this Schedule (except for paragraphs 15 and 17) and to sections 120 to 136, that land shall be taken—

(a) to have continued to have that balance until the commencement of this Act; and

(b) to continue to have that balance at all times after that commencement.

Reduction or extinguishment of balance in consequence of compensation

13 (1) Where at any time compensation becomes payable under this Part, or became payable under Part II of the 1954 Act or Part VI of the 1962 Act or Part VII of the 1971 Act, in respect of depreciation of the value of an interest in land by a planning decision, then, for the purpose of determining whether that land or any part of it has or had an unexpended balance of established development value at any subsequent time—

(a) the amount of the compensation shall be deducted from the original unexpended balance of established development value of that land, and

(b) the original unexpended balance of that land or that part of it shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(2) Where an amount has become recoverable under section 133 in respect of the compensation specified in a compensation notice, except where, and to the extent that, payment of that amount has been remitted under section 134, for the purpose of determining any question as to the unexpended balance of established development value of any land at any subsequent time, so much (if any) of that compensation as is attributable to that land shall be treated as not having become payable, and accordingly (notwithstanding anything in sub-paragraph (1)) shall not be deducted from that balance.

Reduction or extinguishment of balance on initiation of new development

14 (1) Where in accordance with paragraph 2 land had an original unexpended balance of established development value, and at any time on or after 1st July 1948 (whether before or after the commencement of this Act) any new development of that land is or was initiated, then (subject to the following provisions of this paragraph) for the purpose of determining whether that land or any part of it has or had an unexpended balance of established development value at any subsequent time—

(a) if the development relates or related only to that land, the value of that development (ascertained, with reference to that subsequent time, in accordance with the provisions of paragraph 15); or

(b) if the development relates or related to that land together with other land, so much of the value of that development (so ascertained) as is or was attributable to that land,

shall be deducted from the original unexpended balance of established development value of that land, and the original unexpended balance of that land or that part of it shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(2) Sub-paragraph (1) shall not apply to any land if, in respect of any interest in it, a payment has become or becomes payable under section 59 of the 1947 Act (which provided for payments in respect of certain war-damaged land).

(3) For the purposes of sub-paragraph (1) no account shall be taken of any development initiated before lst January 1955, if—

(a) a development charge under Part VII of the 1947 Act was determined to be payable in respect of it, or would have fallen to be so determined but for any exemption conferred by regulations under that Part of that Act, or by any provisions of Part VIII of that Act; or

(b) in a certificate issued under section 58 of the 1954 Act (which related to monopoly value of licensed premises) it was certified that a development charge could have been determined to be payable in respect of that development if the circumstances referred to in sub-paragraph (1)(a) or (b) of that section had not existed.

Calculation of value of previous development of land

15 (1) Where for the purposes of paragraph 14 the value of any development initiated before a time referred to in that paragraph has to be ascertained with reference to that time, the value of the development shall be calculated in accordance with the provisions of this paragraph.

(2) Subject to the following provisions of this paragraph, the value shall be calculated by reference to prices current at the time in question—

(a) as if the development had not been initiated, but the land had remained in the state in which it was immediately before the development was initiated; and

(b) on the assumption that (apart from the provisions of Part III of this Act, the provisions of Part III of the 1971 Act, the provisions of Part III of the 1962 Act or the provisions of the 1947 Act, as the case may be) the development could at that time lawfully be carried out,

and shall be taken to be the difference between—

(i) the value which in those circumstances the land would have had at that time if planning permission for that development had been granted unconditionally immediately before that time, and

(ii) the value which in those circumstances the land would have had at that time if planning permission for that development had been applied for and refused immediately before that time and it could be assumed that planning permission for that development, and any other new development of that land, would be refused on any subsequent application.

(3) If the development involved the clearing of any land, the reference in sub-paragraph (2)(a) to the state of the land immediately before the development shall be construed as a reference to the state of the land immediately after the clearing of it but before the carrying out of any other operations.

(4) If the development was initiated in pursuance of planning permission granted subject to conditions, sub-paragraph (2) shall apply as if the reference to the granting of permission unconditionally were a reference to the granting of permission subject to the same conditions.

(5) If the permission referred to in sub-paragraph (4) was granted subject to conditions which consisted of, or included, a requirement expressed by reference to a specified period, the reference in that sub-paragraph to the same conditions shall be construed, in relation to the condition imposing that requirement, as a reference to a condition imposing the same requirement in respect of a period of the same duration beginning at the time in question.

(6) In the application of this paragraph to development initiated, but not completed, before the time in question, references to permission for that development shall be construed as references to permission for so much of that development as had been carried out before that time.

Reduction or extinguishment of balance on acquisition under compulsory powers

16 (1) Where in the case of—

(a) a compulsory acquisition to which this paragraph applies; or

(b) a sale of an interest in land by agreement in circumstances corresponding to such an acquisition,

any of the land in which the interest acquired or sold subsists or subsisted has or had an unexpended balance of established development value immediately before the relevant date (in this paragraph referred to as “the relevant balance”) this paragraph shall have effect for the purpose of determining whether that land or any part of it has or had an unexpended balance of established development value at any subsequent time.

(2) This paragraph applies—

(a) to every compulsory acquisition of an interest in land in pursuance of a notice to treat served on or after 30th October 1958, whether before or after the commencement of this Act; and

(b) to every compulsory acquisition of an interest in land, in pursuance of a notice to treat served on or after lst January 1955 but before 30th October 1958, by an authority possessing compulsory purchase powers, being at that time a government department or local or public authority within the meaning of the [1919 c. 57.] Acquisition of Land (Assessment of Compensation) Act 1919, or a person or body of persons to whom that Act applied as it applied to such a department or authority.

(3) Unless, immediately after the acquisition or sale, there is or was outstanding some interest (other than an excepted interest) in the land to which some person other than the acquiring authority is or was entitled, the original unexpended balance of established development value of that land shall be treated as having been extinguished immediately before the subsequent time referred to in sub-paragraph (1).

(4) If, immediately after the acquisition or sale, there is or was such an outstanding interest (other than an excepted interest) as is mentioned in sub-paragraph (3), there shall be deducted from that original balance an amount equal to any part of the relevant balance which is or was not attributable to any such outstanding interest, and the original unexpended balance of established development value of the land or the part of it in question shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(5) For the purposes of this paragraph any question as to the portion of the relevant balance which is or was attributable to an interest in land—

(a) in relation to a compulsory acquisition to which this paragraph applies, shall be determined in accordance with paragraph 17; and

(b) in relation to a sale of an interest in land by agreement in circumstances corresponding to such an acquisition, shall be determined in accordance with the provisions of that paragraph as those provisions would apply if the sale had been a compulsory acquisition in pursuance of a notice to treat served on the relevant date.

(6) Any reference in this paragraph or in paragraph 18 to a sale of an interest in land by agreement in circumstances corresponding to a compulsory acquisition to which this paragraph applies is a reference to a sale of it—

(a) to an authority possessing compulsory purchase powers, in pursuance of a contract made on or after 30th October 1958, whether before or after the commencement of this Act; or

(b) to such an authority possessing compulsory purchase powers as is mentioned in sub-paragraph (2)(b), in pursuance of a contract made on or after lst January 1955 but before 30th October 1958.

(7) In this paragraph—

(a) “the relevant date” means the date of service of the notice to treat or the date of the contract in pursuance of which the interest was sold, as the case may be, and

(b) “excepted interest” means the interest of any such person as is mentioned in section 20(1) of the [1965 c. 56.] Compulsory Purchase Act 1965 (which relates to persons having no greater interest than as tenant for a year or from year to year).

Apportionment of unexpended balance of established development value

17 (1) Where, in the case of a compulsory acquisition to which paragraph 16 applies, any area of the relevant land which, immediately before the relevant date, has an unexpended balance of established development value does not satisfy the following conditions, namely—

(a) that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole of that area; and

(b) that any rentcharge charged on that area is charged on the whole of it,

that area shall be treated as divided into as many separate areas as may be requisite to ensure that each of those separate areas satisfies those conditions.

(2) Any area of the relevant land which has an unexpended balance of established development value and which complies with the conditions mentioned in sub-paragraph (1) is in this paragraph referred to, in relation to the interests subsisting in it, as “the relevant area”, and the following provisions of this paragraph shall have effect separately in relation to each relevant area.

(3) There shall be calculated the amount referable to the relevant area of the rent which might reasonably be expected to be reserved if the relevant land were to be let on terms prohibiting the carrying out of any new development but permitting the carrying out of any other development; and the amount so calculated is in this paragraph referred to as “the existing use rent”.

(4) If, in the case of an interest in fee simple which is subject to a rentcharge, or in the case of a tenancy, so much of the rent reserved under the rentcharge or tenancy as is referable to the relevant area exceeds the existing use rent, there shall be calculated the capital value of the right to receive, for the period of the remainder of the term of the rentcharge or tenancy, an annual payment equal to the excess; and any amount so calculated in the case of any interest is in this paragraph referred to as “the rental liability” of that interest.

(5) Where the interest in fee simple is subject to more than one rentcharge, then, for the purposes of sub-paragraph (4), in relation to any period included in the term of two or more of those rentcharges, those two or more rentcharges shall be treated as a single rentcharge charged on the relevant area for the duration of that period, with a rent reserved thereunder of an amount equal to the aggregate of so much of their respective rents as is referable to the relevant area.

(6) In the case of any interest in reversion—

(a) there shall be calculated the capital value, as at the time immediately before the relevant date, of the right to receive a sum equal to the unexpended balance of established development value of the relevant area at that time, but payable at the end of the tenancy upon the termination of which the interest in question is immediately expectant; and the amount so calculated in the case of any interest is in this paragraph referred to as “the reversionary development value” of that interest;

(b) if so much of the rent reserved under that tenancy as is referable to the relevant area exceeds the existing use rent, there shall also be calculated the capital value as at the said time of the right to receive, for the period of the remainder of the term of that tenancy, an annual payment equal to the excess;

and any amount so determined in the case of any interest is in this paragraph referred to as “the rental increment” of that interest.

(7) Where two or more interests (other than excepted interests) subsist in the relevant area, the portion of the unexpended balance of established development value of the relevant area attributable to each of those interests respectively shall be taken to be—

(a) in the case of the interest in fee simple, an amount equal to the reversionary development value of that interest, less the amount (if any) by which any rental liability of that interest exceeds any rental increment of it;

(b) in the case of a tenancy in reversion, an amount equal to the reversionary development value of that tenancy, less the aggregate of—

(i) the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy; and

(ii) the amount (if any) by which any rental liability of that tenancy exceeds any rental increment of it;

(c) in the case of a tenancy other than a tenancy in reversion, the remainder (if any) of the said balance after the deduction of the aggregate of—

(i) the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy; and

(ii) any rental liability of that tenancy.

(8) In relation to any compulsory acquisition to which paragraph 16 applies, where the relevant date was a date before the commencement of this Act, the previous provisions of this paragraph shall have effect with the necessary modifications.

(9) In this paragraph—

(a) “the relevant land”, in relation to a compulsory acquisition to which paragraph 16 applies, means the land in which the interest acquired subsisted or subsists;

(b) “tenancy” does not include an excepted interest;

(c) any reference to an interest or tenancy in reversion does not include an interest or tenancy in reversion immediately expectant upon the termination of an excepted interest;

(d) “the relevant date” and “excepted interest” have the same meanings as in paragraph 16; and

(e) other expressions have the same meanings as in the relevant provisions (within the meaning of paragraph 9(5)).

Reduction or extinguishment of balance in consequence of severance or injurious affection

18 (1) Where in connection with—

(a) a compulsory acquisition to which paragraph 16 applies; or

(b) a sale of an interest in land by agreement in circumstances corresponding to such an acquisition,

compensation is or was payable, or an amount is or was included in the purchase price, in respect of an interest in land other than the relevant land (in this paragraph referred to as “the interest affected”), for damage sustained by reason that the relevant land is or was severed from other land held with it, or that any other land (whether held with the relevant land or not) is or was injuriously affected, then (subject to the following provisions of this paragraph) for the purpose of determining whether that other land or any part of it has or had an unexpended balance of established development value at any subsequent time—

(i) there shall be deducted from the original unexpended balance of established development value of that other land an amount calculated in accordance with the following provisions of this paragraph, and

(ii) the original unexpended balance of that land, or of the part of it in question, as the case may be, shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(2) In the case of an acquisition or sale in pursuance of a notice to treat served, or contract made, on or after 30th October 1958, the amount to be deducted, as mentioned in sub-paragraph (1), shall be the amount (if any) by which the compensation payable, or the amount included in the purchase price, as so mentioned exceeds or exceeded the compensation which would have been so payable, or the amount which would have been so included, if the extent of the damage sustained in respect of the other land in question had fallen to be ascertained on the assumption that planning permission would not be granted for any new development of that land, but would be granted for any development of it other than new development.

(3) Sub-paragraphs (4) to (6) shall have effect with respect to any such acquisition or sale as is mentioned in sub-paragraph (1), being an acquisition or sale in pursuance of a notice to treat served, or contract made, before 30th October 1958.

(4) No such deduction as is mentioned in sub-paragraph (1) shall be made in the case of such an acquisition or sale as is mentioned in sub-paragraph (3) unless—

(a) where it was a compulsory acquisition, an amount was paid by way of compensation as mentioned in sub-paragraph (1);

(b) the amount which was so paid, or, in the case of a sale by agreement, was included in the purchase price as mentioned in sub-paragraph (1), (“the sum paid for severance or injurious affection”) exceeded the loss of immediate value of the interest affected; and

(c) where it was a sale by agreement, the other land in question was held with the relevant land.

(5) Subject to sub-paragraph (4), the amount to be deducted as mentioned in sub-paragraph (1), in the case of such an acquisition or sale as is mentioned in sub-paragraph (3), shall be the amount by which the sum paid for severance or injurious affection exceeded the loss of immediate value of the interest affected.

(6) This sub-paragraph shall have effect, in the case of such an acquisition or sale as is mentioned in sub-paragraph (3), where so much (if any) of the sum paid for severance or injurious affection as was attributable to the loss of immediate value of the interest affected was less than the depreciation in restricted value of that interest, that is to say—

(a) the amount of the difference shall be ascertained; and

(b) for the purpose of determining whether, at any time after the acquisition or sale, the land in which the interest affected subsisted or any part of it had or has an unexpended balance of established development value (whether or not that land or any part of it would apart from this sub-paragraph have had an original unexpended balance of established development value) a claim holding with an area consisting of that land and a value equal to seven-eighths of the amount of the difference shall be deemed to have subsisted immediately after the time when the adjustment of claim holdings was completed.

(7) In this paragraph—

• “the loss of immediate value” means the amount (if any) by which the difference in the value of the interest affected, immediately before and immediately after the acquisition or sale, exceeded the loss of development value;

• “the loss of development value” means the amount (if any) by which the value of the interest affected immediately before the acquisition or sale, if calculated on the assumption that, until such time as the land in which that interest subsisted might reasonably be expected to become ripe for new development, no use whatever could be made of that land, would have exceeded the value of that interest immediately after the acquisition or sale if calculated on the like assumption;

• “the depreciation in restricted value” means the amount (if any) by which the value of the interest affected, immediately after the acquisition or sale, would have been less than the value of that interest immediately before the acquisition or sale, if both values were calculated on the assumption that planning permission would not be granted for any new development of that land, but would be granted for any development of it other than new development;

• “the relevant land”, in relation to an acquisition or sale, means the land in which the interest acquired or sold subsisted.

Supplementary provisions as to deductions from original balance

19 (1) Where, immediately after the time when the adjustment of claim holdings was completed, any land taken as a whole had an original unexpended balance of established development value, and at any later time (whether before or after the commencement of this Act) an act or event occurs or has occurred in relation to part of that land such that, in accordance with any of the provisions of section 119 and paragraphs 1 to 4, 12 to 14, 16 and 18, an amount is required to be deducted from the original unexpended balance of that part of that land for the purpose of determining whether it has or had an unexpended balance of established development value at any subsequent time, then (without prejudice to the operation of any of those provisions with respect to any part of the land taken separately) the land taken as a whole shall be treated as not having (or as not having had) any such balance at that subsequent time.

(2) Where in accordance with those provisions an amount is required to be deducted from the original unexpended balance of established development value of any land, there shall be attributed to the various parts of that land so much of that amount as might reasonably be expected to have been attributed to it if the authority determining the amount had been required to apportion it between those parts in accordance with the same principles as applied to its determination.

(3) Where two or more acts or events occur or have occurred in relation to the same land (whether before or after the commencement of this Act) such that, in accordance with those provisions, an amount is required to be deducted from the original unexpended balance of established development value of that land or any part of it, those provisions shall apply cumulatively, and the requisite deduction from the original unexpended balance of established development value of that land shall be made by reference to each of those acts or events.

Provision of information relating to unexpended balance

20 (1) Subject to this paragraph, the Secretary of State shall, on application being made to him by any person, and may if he thinks fit without any such application, issue a certificate in the prescribed form with respect to any land stating whether any of that land had an original unexpended balance of established development value, and, if so—

(a) giving a general statement of what was taken by the Central Land Board, for the purposes of Part Vl of the 1947 Act, to be the state of that land on 1st July 1948; and

(b) specifying (subject to any outstanding claims under Part I or Part V of the 1954 Act) the amount of that original balance.

(2) Any such certificate issued with respect to any land may, if the Secretary of State thinks fit, contain additional information with respect to acts or events in consequence of which, in accordance with any of the provisions of section 119 and paragraphs 1 to 4, 12 to 14, 16 and 18, an amount is required to be deducted from the original unexpended balance of established development value of any of that land.

(3) Where, at any time on or after lst January 1955 (whether before or after the commencement of this Act), a notice to treat has been served with a view to the compulsory acquisition of an interest in land by an authority possessing compulsory purchase powers, that authority may apply to the Secretary of State for, and shall be entitled to the issue of, a certificate showing the unexpended balance of established development value (if any) of any of that land immediately before the service of that notice.

(4) Where the issue of a certificate under this paragraph with respect to any land involves a new apportionment, or, in the case of a certificate under sub-paragraph (3), involves the calculation of a deduction from the original unexpended balance of established development value by virtue of paragraph 14, then—

(a) except in the case of a certificate under sub-paragraph (3), or of a certificate which the Secretary of State proposes to issue without any application being made for it, the certificate shall not be issued otherwise than on the application of a person who is for the time being entitled to an interest in that land;

(b) before issuing the certificate, the Secretary of State shall give notice in writing to any person entitled to an interest in land appearing to him to be an interest which will be substantially affected by the apportionment or calculation, giving particulars of the proposed apportionment or calculation, and stating that objections or other representations with respect to it may be made to the Secretary of State within the period of 30 days from the date of the notice; and

(c) the certificate shall not be issued before the end of that period, and if within that period an objection to the proposed apportionment or calculation has been made by any person to whom notice has been given under paragraph (b), or by any other person who establishes that he is entitled to an interest in land which is substantially affected by the apportionment or calculation, and that objection has not been withdrawn, sub-paragraph (5) shall have effect.

(5) Where by virtue of sub-paragraph (4)(c) this sub-paragraph is to have effect, then—

(a) if within a further period of 30 days the person by whom any such objection was made requires the dispute to be referred to the Lands Tribunal, the dispute shall be so referred, and the certificate shall not be issued until either the Tribunal has decided the matter or the reference to the Tribunal has been withdrawn;

(b) the certificate may be issued before the end of the said further period if every such objection has been withdrawn;

(c) the certificate shall be issued at the end of that further period, notwithstanding that every such objection has not been withdrawn, if no requirement has within that period been made under paragraph (a).

(6) Where, on a reference to the Lands Tribunal under this paragraph, it is shown that a new apportionment relates partly to the same matters as a previous apportionment, and is consistent with that previous apportionment in so far as it relates to those matters, the Tribunal shall not vary the new appointment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(7) A certificate under sub-paragraph (3) shall be conclusive evidence of the unexpended balance shown in it; and a certificate under sub-paragraph (1) shall be sufficient proof of any facts stated in it unless the contrary is shown.

(8) An application for a certificate under this paragraph shall be made in such form and manner as may be prescribed, and shall be accompanied by sufficient particulars (including a map if necessary) to enable the land to be identified, and, where a new apportionment will be involved, particulars of the nature of the applicant’s interest, and such information as to the nature of any other interest in the land, and as to the name and address of the person entitled to that other interest, as may be known to the applicant.

(9) On any application under sub-paragraph (1) the applicant shall pay in the prescribed manner a fee of 25 pence, and, if the application involves a new apportionment, the certificate shall not be issued until the applicant has paid in the prescribed manner a further fee of 75 pence.

(10) In this paragraph “new apportionment” means an apportionment which relates wholly or partly to any matter to which no previous apportionment related.

Section 149.

SCHEDULE 13 Blighted Land

Land allocated for public authority functions in development plans etc.

1 Land indicated in a structure plan in force for the district in which it is situated either—

(a) as land which may be required for the purposes—

(i) of the functions of a government department, local authority or statutory undertakers, or of the British Coal Corporation, or

(ii) of the establishment or running by a public telecommunications operator of a telecommunication system, or

(b) as land which may be included in an action area.

• Notes

  (1)

  In this paragraph the reference to a structure plan in force includes a reference to—

  (a)

  proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State under section 32;

  (b)

  modifications proposed to be made by the Secretary of State in any such plan or proposals, being modifications of which he has given notice in accordance with regulations under Part II.

  (2)

  Note (1) shall cease to apply when the copies of the proposals made available for inspection have been withdrawn under section 33(9) or 34 (but section 34(2) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the proposals).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject the proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 51.

  (5)

  This paragraph does not apply to land situated in a district for which a local plan is in force, where that plan—

  (a)

  allocates any land in the district for the purposes of such functions as are mentioned in this paragraph; or

  (b)

  defines any land in the district as the site of proposed development for the purposes of any such functions.

  (6)

  This paragraph does not apply to land within paragraph 5 or 6.

  (7)

  In the application of this paragraph to Greater London the reference to a structure plan shall be construed as a reference to the Greater London Development Plan and all references to alteration and repeal and replacement shall be omitted.

2 Land which—

(a) is allocated for the purposes of any such functions as are mentioned in paragraph 1(a)(i) or (ii) by a local plan in force for the district, or

(b) is land defined in such a plan as the site of proposed development for the purposes of any such functions.

• Notes

  (1)

  In this paragraph the reference to a local plan in force includes a reference to—

  (a)

  a local plan of which copies have been made available for inspection under section 39(5);

  (b)

  proposals for the alteration or repeal and replacement of a local plan of which copies have been made available for inspection under section 39(5) or 40(2);

  (c)

  modifications proposed to be made by the local planning authority or the Secretary of State in any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given by the authority or the Secretary of State in accordance with regulations under Part II.

  (2)

  Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 41(4).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant plan or proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject, or the local planning authority decide to abandon, the plan or proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 51.

  (5)

  In the application of this paragraph to Greater London—

  (a)

  in Note (1) for the reference in paragraph (a) to section 39(5) there shall be substituted a reference to paragraph 8(2) of Part II of Schedule 2 and for the reference in paragraph (b) to that section there shall be substituted a reference to that paragraph as applied by paragraph 12 of that Part;

  (b)

  in Note (2) for the reference to section 41(4) there shall be substituted a reference to paragraph 11(2) of that Part.

3 Land indicated in a unitary development plan in force for the district in which it is situated—

(a) as land which may be required for the purpose of any such functions as are mentioned in paragraph 1(a)(i) or (ii), or

(b) as land which may be included in an action area.

• Notes

  (1)

  In this paragraph the reference to a unitary development plan includes references to—

  (a)

  a unitary development plan of which copies have been made available for inspection under section 13(3);

  (b)

  proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) or under section 22;

  (c)

  modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

  (2)

  Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 13(7) or 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant plan or proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

4 Land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development for any such functions as are mentioned in paragraph 1(a)(i) or (ii).

• Notes

  (1)

  In this paragraph the reference to a unitary development plan includes references to—

  (a)

  a unitary development plan of which copies have been made available for inspection under section 13(3):

  (b)

  proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by section 21(2) or under section 22;

  (c)

  modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given in accordance with regulations under Chapter I of Part II.

  (2)

  Note (1) shall cease to apply when the copies of the plan or proposals made available for inspection have been withdrawn under section 13(7) or 14(2) (but section 14(4) shall not invalidate any blight notice served by virtue of Note (1) before the withdrawal of copies of the plan or proposals).

  (3)

  Note (1) shall also cease to apply when—

  (a)

  the relevant plan or proposals become operative (whether in their original form or with modifications), or

  (b)

  the Secretary of State decides to reject, or the local planning authority decide to withdraw, the plan or proposals and notice of the decision has been given by advertisement.

  (4)

  In Note (1) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section 25(2).

5 Land indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers.

6 Land in respect of which a local planning authority—

(a) have resolved to take action to safeguard it for development for the purposes of any such functions as are mentioned in paragraph 5, or

(b) have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.

New towns and urban development areas

7 Land within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the [1981 c. 64] New Towns Act 1981.

• Note

  Land shall cease to be within this paragraph when—

  (a)

  the order comes into operation (whether in the form of the draft or with modifications), or

  (b)

  the Secretary of State decides not to make the order.

8 Land within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the New Towns Act 1981.

9 Land which is—

(a) within an area intended to be designated as an urban development area by an order which has been made under section 134 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 but has not come into effect; or

(b) within an area which has been so designated by an order under that section which has come into effect.

Clearance and renewal areas

10 Land within an area declared to be a clearance area by a resolution under section 289 of the [1985 c. 68.] Housing Act 1985.

11 Land which—

(a) is surrounded by or adjoining an area declared to be a clearance area by a resolution under section 289 of the [1985 c. 68.] Housing Act 1985, and

(b) is land which a local authority have determined to purchase under section 290 of that Act.

12 Land indicated by information published in pursuance of section 92 of the [1989 c. 42.] Local Government and Housing Act 1989 as land which a local authority propose to acquire in exercise of their powers under Part VII of that Act (renewal areas).

Highways

13 Land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in paragraphs 1, 2, 3 and 4) as—

(a) land on which a highway is proposed to be constructed, or

(b) land to be included in a highway as proposed to be improved or altered.

14 Land on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme which has come into operation under Part II of the [1980 c. 66.] Highways Act 1980 (or under the corresponding provisions of Part II of the [1959 c. 25.] Highways Act 1959 or section 1 of the [1971 c. 41.] Highways Act 1971), being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part XII of that Act of 1980 (including a power compulsorily to acquire any right by virtue of section 250) may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme.

• Notes

  (1)

  In this paragraph the reference to an order or scheme which has come into operation includes a reference to an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Minister of Transport or the Secretary of State under Part II of that Act of 1980 and in respect of which a notice has been published under paragraph 1, 2 or 10 of Schedule 1 to that Act.

  (2)

  Note (1) shall cease to apply when—

  (a)

  the relevant order or scheme comes into operation (whether in its original form or with modifications), or

  (b)

  the Secretary of State decides not to confirm or make the order or scheme.

  (3)

  In this paragraph the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme includes a reference to land required for the purposes of section 246(1) of the Highways Act 1980.

15 Land shown on plans approved by a resolution of a local highway authority as land comprised in the site of a highway as proposed to be constructed, improved or altered by that authority.

16 Land on which the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road.

17 Land shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of section 246(1) of the [1980 c. 66] Highways Act 1980.

18 Land shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired by him for the purposes of section 246(1) of the Highways Act 1980 in connection with a trunk road or special road which he proposes to provide.

New streets

19 Land which—

(a) either—

(i) is within the outer lines prescribed by an order under section 188 of the Highways Act 1980 (orders prescribing minimum width of new streets) or section 159 of the [1959 c. 25.] Highways Act 1959 (which is the predecessor of that section); or

(ii) has a frontage to a highway declared to be a new street by an order under section 30 of the [1925 c. 71.] Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and

(b) is, or is part of—

(i) a dwelling erected before, or under construction on, the date on which the order is made; or

(ii) the curtilage of any such dwelling.

• Note

  This paragraph does not include any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this paragraph or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.

General improvement areas

20 Land indicated by information published in pursuance of section 257 of the [1985 c. 68.] Housing Act 1985 as land which a local authority propose to acquire in the exercise of their powers under the provisions of Part VIII of that Act relating to general improvement areas.

Compulsory purchase

21 Land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable.

22 Land in respect of which—

(a) a compulsory purchase order is in force; or

(b) there is in force a compulsory purchase order providing for the acquisition of a right or rights over that land;

and the appropriate authority have power to serve, but have not served, notice to treat in respect of the land or, as the case may be, the right or rights.

• Notes

  (1)

  This paragraph applies also to land in respect of which—

  (a)

  a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister, and

  (b)

  a notice has been published under paragraph 3(1)(a) of Schedule 1 to the [1981 c. 67.] Acquisition of Land Act 1981 or under any corresponding enactment applicable to it.

  (2)

  Note (1) shall cease to apply when—

  (a)

  the relevant compulsory purchase order comes into force (whether in its original form or with modifications); or

  (b)

  the Minister concerned decides not to confirm or make the order.

Section 259.

SCHEDULE 14 Procedure for footpaths and bridleways orders

Part I Confirmation of orders

1 (1) Before an order under section 257 or 258 is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

(a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order;

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge and copies of it may be obtained at a reasonable charge at all reasonable hours; and

(c) specifying the time (which must not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Subject to sub-paragraphs (6) and (7), the notice to be given under sub-paragraph (1) shall be given—

(a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated; and

(b) by serving a similar notice on—

(i) every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the [1977 c. 42.] Rent Act 1977) of any of that land; and

(ii) every council, the council of every rural parish and the parish meeting of every rural parish not having a separate council, being a council or parish whose area includes any of that land; and

(iii) any statutory undertakers to whom there belongs, or by whom there is used, for the purposes of their undertaking, any apparatus under, in, on, over, along or across that land; and

(iv) every person on whom notice is required to be served in pursuance of sub-paragraph (4); and

(v) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at the ends of so much of any footpath or bridleway as is to be stopped up, diverted or extinguished by the order;

(ii) at council offices in the locality of the land to which the order relates; and

(iii) at such other places as the authority may consider appropriate.

(3) In sub-paragraph (2)—

• “council” means a county council, a district council, a London borough council or a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985 ;

• “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.

(4) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders under section 257 or 258 as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area.

(5) In sub-paragraph (4) “specified” means specified in the requirement.

(6) Except where an owner, occupier or lessee is a local authority or statutory undertaker, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i).

(7) If the Secretary of State gives a direction under sub-paragraph (6) in the case of any land, then—

(a) in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it); and

(b) a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

(8) Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (7) shall be complied with not less than 28 days before the expiry of the time specified in the notice.

(9) A notice required to be served by sub-paragraph (2)(b)(i), (ii), (iii) or (v) shall be accompanied by a copy of the order.

(10) A notice required to be displayed by sub-paragraph (2)(c)(i) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

2 If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Secretary of State, themselves confirm the order (but without any modification).

3 (1) This paragraph applies where any representation or objection which has been duly made is not withdrawn.

(2) If the objection is made by a local authority the Secretary of State shall, before confirming the order, cause a local inquiry to be held.

(3) If the representation or objection is made by a person other than a local authority the Secretary of State shall, before confirming the order, either—

(a) cause a local inquiry to be held; or

(b) give any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(4) After considering the report of the person appointed under sub-paragraph (2) or (3) to hold the inquiry or hear representations or objections, the Secretary of State may confirm the order, with or without modifications.

(5) In the case of an order under section 257, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(6) Notwithstanding anything in the previous provisions of this paragraph, the Secretary of State shall not confirm an order so as to affect land not affected by the order as submitted to him, except after—

(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which must not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;

(b) holding a local inquiry or giving any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c) considering the report of the person appointed to hold the inquiry or, as the case may be, to hear representations or objections.

(7) In the case of an order under section 257, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

4 (1) A decision of the Secretary of State under paragraph 3 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2) A decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(3) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State.

(4) A direction under sub-paragraph (3) shall—

(a) state the reasons for which it is given; and

(b) be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(5) Where the Secretary of State has appointed a person to make a decision under paragraph 3 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(6) Where by virtue of sub-paragraph (3) or (5) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(7) Regulations under this Act may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

5 (1) The Secretary of State shall not confirm an order under section 257 which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purposes of their undertaking, unless the undertakers have consented to the confirmation of the order.

(2) Any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

(3) The consent of statutory undertakers to any such order shall not be unreasonably withheld.

(4) Any question arising under this paragraph whether the withholding of consent is unreasonable, or whether any requirement is reasonable, shall be determined by whichever Minister is the appropriate Minister in relation to the statutory undertakers concerned.

6 Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Secretary of State thinks expedient as to the procedure on the making, submission and confirmation of orders under sections 257 and 258.

Part II Publicity for orders after confirmation

7 (1) As soon as possible after an order under section 257 or 258 has been confirmed by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made—

(a) shall publish, in the manner required by paragraph 1(2)(a), a notice in the prescribed form—

(i) describing the general effect of the order,

(ii) stating that it has been confirmed, and

(iii) naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge and copies of it may be obtained at a reasonable charge at all reasonable hours;

(b) shall serve a similar notice on any persons on whom notices were required to be served under paragraph 1(2)(b) or (7); and

(c) shall cause similar notices to be displayed in a similar manner as the notices required to be displayed under paragraph 1(2)(c).

(2) No such notice or copy need be served on a person unless he has sent to the authority a request in that behalf, specifying an address for service.

(3) A notice required to be served by sub-paragraph (1)(b) on—

(a) a person on whom notice was required to be served by paragraph 1(2)(b)(i), (ii) or (iii); or

(b) in the case of an order which has been confirmed with modifications, a person on whom notice was required to be served by paragraph 1(2)(b)(v),

shall be accompanied by a copy of the order as confirmed.

(4) As soon as possible after a decision not to confirm an order under section 257 or 258, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(2)(b) or (7).

8 Where an order under section 257 or 258 has come into force otherwise than—

(a) on the date on which it was confirmed by the Secretary of State or confirmed as an unopposed order; or

(b) at the expiration of a specified period beginning with that date,

then as soon as possible after it has come into force the authority by whom it was made shall give notice of its coming into force by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

Section 302(5).

SCHEDULE 15 Preliminary

1 In this Schedule an application under section 302(3) and a determination given on such an application are referred to respectively as “a compliance determination application” and “a compliance determination”.

Making of compliance determination applications

2 (1) A compliance determination application may be made with respect to any land—

(a) by the owner or occupier of the land, or

(b) by any person who proves that he has or intends to acquire an interest in the land which will be affected by a compliance determination or that he has borne any of the cost of carrying out works on the land during the war period.

(2) In the case of land owned or occupied by or on behalf of the Crown, or leased to, or to a person acting on behalf of, the Crown, or land with respect to which it is proved that there is held, or intended to be acquired, by or on behalf of the Crown an interest in the land which will be affected as mentioned in sub-paragraph (1) or that any of the cost there mentioned has been borne by the Crown, a compliance determination application may be made by any person acting on behalf of the Crown.

3 A compliance determination application shall be accompanied by such plans and other information as are necessary to enable the application to be determined.

4 (1) The authority to whom a compliance determination application is made shall within 14 days from the receipt of the application publish notice of it in one or more local newspapers circulating in the area in which the land is situated and serve notice of it on any person appearing to the authority to be specially affected by the application.

(2) The authority shall take into consideration any representations made to them in connection with the application within 14 days from the publication of the notice.

Determination of applications

5 (1) Where a compliance determination application is made to an authority the authority shall determine whether the works or use in question fail to comply with any planning control which the authority are responsible for enforcing and, if so, shall specify the control in question.

(2) Where the authority determine that works or a use fail so to comply they shall further determine whether having regard to all relevant circumstances the works or use shall, notwithstanding the failure, be deemed so to comply, either unconditionally or subject to such conditions as to the time for which the works or use may be continued, the carrying out of alterations, or other matters, as the authority think expedient.

Appeals against compliance determinations or failure to make such determinations

6 (1) Where the applicant is aggrieved by a compliance determination, or where a person by whom representations have been made as mentioned in paragraph 4 is aggrieved by such a determination, he may appeal to the Secretary of State.

(2) The applicant may also appeal if he is aggrieved by the failure of the authority to determine the application within two months from the last day on which representations under paragraph 4 may be made and has served notice on the authority that he appeals to the Secretary of State.

(3) An appeal under this paragraph must be made within the period of 28 days after the applicant has notice of the determination or, in the case of an appeal under sub-paragraph (2), after the applicant has served notice on the authority of the appeal, or within such extended period as the Secretary of State may allow.

7 (1) On such an appeal the Secretary of State may give, in substitution for the determination, if any, given by the authority, such determination as appears to him to be proper having regard to all relevant circumstances, or, if he is satisfied that the applicant was not a person entitled to make the application, may decide that the application is not to be entertained.

(2) At any stage of the proceedings on such an appeal to him the Secretary of State may, and shall if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in connection with the appeal.

8 Subject to paragraph 9 and to any determination or decision of the Secretary of State on an appeal under paragraph 7, any compliance determination shall be final and any such failure to give a determination as mentioned in paragraph 6(2) shall be taken on the service of the notice there mentioned as a final refusal by the authority to entertain the application, and any determination or decision of the Secretary of State on an appeal under paragraph 7 shall be final.

Fresh applications where alteration in circumstances

9 Where a compliance determination has been given that works on land or a use of land shall not be deemed to comply with planning control or shall be deemed to comply with it subject to conditions, then if a person entitled to make a compliance determination application with respect to the land satisfies the authority or on appeal the Secretary of State that there has been a material change of circumstances since the previous application was determined, he may make a subsequent application and on such an application the authority or on appeal the Secretary of State may substitute for the compliance determination such determination as appears proper having regard to all relevant circumstances.

References of application to Secretary of State

10 (1) If it appears to the Secretary of State that it is expedient, having regard to considerations affecting the public interest (whether generally or in the locality concerned), that any compliance determination application to an authority or any class or description of such applications, should instead of being determined by the authority be referred to him for decision, he may give directions to the authority requiring that application, or applications of that class or description, to be so referred.

(2) This Schedule shall apply to any such reference as if it were an appeal under paragraph 6(2) following failure of the authority to entertain the application.

Information

11 The Secretary of State may give directions to any authority responsible for enforcing planning control requiring them to furnish him with such information with respect to compliance determination applications received by them as he considers necessary or expedient in connection with the exercise of his functions under this Schedule.

Opportunity for hearing

12 On any compliance determination application or any appeal under this Schedule the applicant or, in the case of an application referred to the Secretary of State for decision or an appeal to the Secretary of State, the applicant or the authority responsible for enforcing the planning control in question, may require the authority by whom the application is to be determined or, as the case may be, the Secretary of State to give him or them an opportunity before the application or appeal is determined of appearing before and being heard by a person appointed by the authority or, as the case may be, the Secretary of State for the purpose.

Notice of proposed enforcement

13 (1) This paragraph applies where before the relevant date any person proposes to take steps for enforcing a planning control in the case of such works or such a use as mentioned in subsection (1) of section 302.

(2) Subject to sub-paragraph (4), unless a compliance determination application has been made in relation to the land which has not been finally determined, that person shall serve on every owner and occupier of the land not less than 28 days' notice of the proposal, and if within that period any person makes such an application in relation to the land and within seven days of making it serves on the person proposing to take steps as aforesaid notice that the application has been made, no steps for enforcing the control shall be taken until the final determination of the application.

(3) If such an application has been made which has not been finally determined, no such steps shall be taken until the final determination of it.

(4) No notice shall be required under sub-paragraph (2) if steps for enforcing a planning control in the case of any works on land are begun within 28 days of the final determination of a compliance determination application in relation to the land.

(5) For the purpose of this paragraph a compliance determination application shall be treated as having been finally determined notwithstanding that a subsequent application may be made under paragraph 9.

Power of entry

14 (1) At any time before the relevant date any officer of an authority responsible for enforcing planning control shall, on producing, if so required, some duly authenticated document showing his authority to act for the purposes of this paragraph, have a right, subject to the provisions of this paragraph, to enter any premises at all reasonable hours—

(a) for the purpose of ascertaining whether there are on the premises any works carried out during the war period which do not comply with planning control, or whether a use of the premises continues which was begun during that period and does not comply with it;

(b) where a compliance determination application has been made to the authority, for the purpose of obtaining any information required by the authority for the exercise of their functions under section 302 and this Schedule in relation to the application.

(2) Admission to any premises which are occupied shall not be demanded as of right unless 24 hours' notice of the intended entry has been served on the occupier.

(3) Any person who wilfully obstructs any officer of an authority acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4) If any person who in compliance with this paragraph is admitted into a factory, workshop or workplace, discloses to any person any information obtained by him in it with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months.

Service of notices

15 (1) Any notice or other document required or authorised to be served under this Schedule may be served on any person either by delivering it to him, or by leaving it at his proper address or by post.

(2) Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.

(3) For the purposes of this paragraph and of section 7 of the [1978 c. 30.] Interpretation Act 1978, the proper address of any person upon whom any such document is to be served is—

(a) in the case of the secretary or clerk of any incorporated company or body, that of the registered or principal office of the company or body, and

(b) in any other case, the last known address of the person to be served.

(4) If it is not practicable after reasonable enquiry to ascertain the name or address of an owner or occupier of land on whom any such document is to be served, the document may be served by addressing it to him by the description of “owner” or “occupier” of the premises (describing them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Supplementary provisions

16 Parts XIV and XV do not apply to section 302 and this Schedule.

Sections 314 to 319.

SCHEDULE 16 Provisions of the Planning Acts referred to in Sections 314 to 319

Part I

• Section 1(1), (2), (3) and (5).

• Section 2.

• Section 9.

• Section 55.

• Section 57.

• Section 59.

• Section 60 except subsection (4).

• Sections 61 to 64.

• Section 69(1), (2) and (5).

• Section 70.

• Section 72(1) to (4).

• Section 74.

• Section 75.

• Section 77 with the omission in subsection (4) of the reference to sections 65(2) and (9), 66 and 67.

• Sections 78 and 79(1) to (5) with the omission in subsection (4) of section 79 of the reference to sections 66 and 67.

• Section 90(1), (3) and (4).

• Sections 96 to 98 except subsection (5) of section 97.

• Section 100.

• Sections 102 to 104 except subsection (8) of section 102.

• Section 106.

• Section 107.

• Section 108.

• Sections 114 and 115.

• Sections 117 and 118.

• Section 137 except subsections (6) and (7).

• Section 138.

• Section 139(1) to (4).

• Sections 140 and 141.

• Sections 143 and 144.

• Section 148.

• Section 175(5).

• Sections 178 to 182.

• Section 185.

• Section 186(6) and (7).

• Section 188.

• Section 189.

• Section 190 (in so far as it applies to orders under section 102).

• Sections 198 to 200.

• Sections 202 and 203.

• Section 205.

• Section 208(10).

• Section 209(6).

• Section 210.

• Section 211(4).

• Sections 215 to 224.

• Section 227.

• Sections 229 to 233.

• Sections 235 to 247.

• Sections 251 and 252.

• Sections 254 to 256.

• Section 260.

• Section 263.

• Section 265(1) and (4).

• Sections 266 to 272.

• Sections 274 to 278.

• Section 279 except subsection (4).

• Section 280 except subsections (6) and (8)(b).

• Sections 281 to 283.

• Section 284(1) except paragraphs (e) and (f).

• Section 285 except subsections (5) and (6).

• Section 287.

• Section 289.

• Section 292 with the omission in subsection (2) of the references to section 288.

• Section 293(1) to (3).

• Section 294(1).

• Section 296(1) (the reference in paragraph (c) to Part III not being construed as referring to sections 65 to 68), and (2) to (4).

• Section 297.

• Sections 305 and 306.

• Section 314.

• Section 315.

• Section 316(1) to (4).

• Section 318 except subsections (2)(a), (4) and (5).

• Section 324(1), (3) and (5) to (9).

• Section 325.

• Section 330.

• Section 334.

• Paragraphs 13 and 20(3) of Schedule 1.

• Schedule 3.

• Paragraphs 1 to 3 of Schedule 4.

• Schedule 17.

• Any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of the provisions specified above.

Part II

• Sections 30 to 49.

• Section 50(5).

• Section 51.

• Sections 53 and 54.

• Section 56(2) to (6) with the omission in subsection (3) of the references to sections 85, 86(6) and 87(4).

• Section 65(2) to (8) except subsection (2)(a) and the reference to it in subsection (7).

• Section 68(1) and (2) with the omission in subsection (1) of the references to section 66 or 67.

• Section 69(3) and (4).

• Section 79(6) and (7).

• Sections 91 to 93.

• Section 94(1)(a) and (2) to (6).

• Section 95.

• Section 99.

• Section 101.

• Section 137(6) and (7).

• Section 142.

• Section 157(1) and (2).

• Sections 162 and 163.

• Section 166.

• Sections 172 to 174.

• Section 175(1) to (4) and (6).

• Sections 176 and 177.

• Sections 183 and 184.

• Section 186(1) to (5).

• Section 187.

• Sections 191 to 196.

• Section 208(9).

• Section 226.

• Section 228(1), (3), (4) and (7).

• Sections 248, 249 and 250.

• Section 253.

• Section 257.

• Section 258(1).

• Section 259.

• Section 261.

• Section 264(1) to (6).

• Section 273.

• Section 279(4).

• Section 280(6) and (8)(b).

• Section 304.

• Section 307.

• Section 331.

• Paragraphs 3 to 12 of Part II of Schedule 2, Part III of Schedule 2, Schedules 6 and 14.

Part III

• Sections 80 and 81.

• Sections 109 to 113.

• Sections 119 to 136.

• Section 298.

• Sections 308 to 310.

• Section 312(2).

• Section 318(4) and (5).

• Section 324(4).

• Sections 327 and 328.

• Paragraphs 1 to 16 and 18 to 20 of Schedule 12.

• Any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of the provisions specified above.

Part IV

• Section 197.

• Section 201.

• Sections 206 and 207.

• Section 208(1) to (9).

• Section 209(1) to (5).

• Section 210(1) to (3).

• Section 324(2).

Part V

• Section 55.

• Section 57.

• Sections 59 to 64.

• Section 69 except subsections (3) and (4).

• Section 70.

• Section 71(3) and (4).

• Section 72.

• Sections 74 and 75.

• Sections 77 to 79.

• Sections 82 to 87.

• Section 90(1), (3) and (4).

• Sections 97 and 98.

• Sections 102 and 103.

• Section 106.

• Sections 172 to 181.

• Sections 183 and 184.

• Section 186(1) to (5).

• Sections 187 to 196.

• Sections 198 to 200.

• Section 209(6).

• Section 210.

• Section 211(4).

• Sections 215 to 222.

• Sections 224 and 225.

• Paragraphs 13 and 14 of Schedule 1.

• Schedule 4.

• Paragraphs 7 and 8 of Schedule 5.

• Paragraphs 1 to 10 of Schedule 9.

Part VI

• Section 60(4).

• Section 65 except subsections (2)(b) and (3) to (9).

• Sections 66 and 67.

• Section 68 in so far as it relates to the provisions of sections 65 to 67 mentioned in this Part of this Schedule.

• Section 71(1) and (2).

• Sections 149 to 151.

• Section 153(1) to (7).

• Sections 154 to 156.

• Section 161(1) in so far as it relates to provisions mentioned in this Part of this Schedule.

• Section 164.

• Sections 168 to 171.

• Section 284 except subsection (1)(a) to (d).

• Section 285(5) and (6).

• Section 288.

• Sections 290 and 291.

• Section 292(2).

• Section 296(1) (construed as if the reference to Part III were a reference only to sections 65 to 68) and (5).

• Section 318(2) except paragraph (b).

• In Schedule 12, paragraph 16 (except sub-paragraphs (2)(b) and (6)(b)), paragraph 17, and paragraph 18 (construed as if in paragraph 16 the said sub-paragraphs were omitted).

• In Schedule 13, paragraphs 1 to 4, 12 to 16 and 20 to 22.

• Any other provisions of this Act in so far as they apply, or have effect for the purpose of, any of the provisions specified above.

Section 333(6).

SCHEDULE 17 Enactments Exempted from Section 333(6)

1 Section 107 of the [1936 c. 49.] Public Health Act 1936.

2 The following provisions of the [1980 c. 66.] Highways Act 1980—

• section 73(1) to (3), (6) and (9) to (11)

• section 74 (except subsection (6))

• sections 188, 193 and 196

• section 200(2) and (4)

• section 241

• section 261(5) and, so far as it relates to it, section 261(6)

• section 307(5) and (7)

• Schedule 9.

3 The following further provisions of the Highways Act 1980—

(a) sections 187 and 200(1) so far as applicable for the purposes of section 188 of that Act;

(b) section 247(6) so far as applicable for the purposes of section 241 of that Act;

(c) in section 307—

(i) subsections (1) to (3) so far as applicable for the purposes of section 73 of that Act;

(ii) subsections (1), (3) and (6) so far as applicable for the purposes of section 74 of that Act;

(iii) subsections (1) and (3) so far as applicable for the purposes of sections 193 and 200(2) of that Act;

(d) section 311 so far as applicable for the purposes of section 74 of that Act.

4 Section 279 of the Highways Act 1980 so far as the purposes in question are the purposes of the exercise by a county council or metropolitan district council in relation to roads maintained by that council of their powers under section 73(1) to (3), (6) and (9) to (11) or section 241 of that Act.

5 Any enactment making such provision as might by virtue of any Act of Parliament have been made in relation to the area to which the order applies by means of a byelaw, order or regulation not requiring confirmation by Parliament.

6 Any enactment which has been previously excluded or modified by a development order, and any enactment having substantially the same effect as any such enactment.

Table of Derivations

Notes:

1 The following abbreviations are used in this Table:—

1946 c. 35 =	The Building Restrictions (War-Time Contraventions) Act 1946
1951 c. 60 =	The Mineral Workings Act 1951
1953 c. 49 =	The Historic Buildings and Ancient Monuments Act 1953
1958 c. 69 =	The Opencast Coal Act 1958
1969 c. 22 =	The Redundant Churches and Other Religious Buildings Act 1969
1969 c. 48. =	The Post Office Act 1969
1971 c. 78 =	The Town and Country Planning Act 1971
1972 c. 5 =	The Local Employment Act 1972
1972 c. 42 =	The Town and Country Planning (Amendment) Act 1972
1972 c. 70 =	The Local Government Act 1972
1973 c. 26 =	The Land Compensation Act 1973
1973 c. 37 =	The Water Act 1973
1973 c. 41 =	The Fair Trading Act 1973
1974 c. 7 =	The Local Government Act 1974
1974 c. 32 =	The Town and Country Amenities Act 1974
1974 c. 36 =	The Mines (Working Facilities and Support) Act 1974
1975 c. 24 =	The House of Commons Disqualification Act 1975
1975 c. 10 =	The Statute Law (Repeals) Act 1975
1975 c. 71 =	The Housing (Consequential Provisions) Act 1975
1975 c. 76 =	The Local Land Charges Act 1975
1977 c. 29 =	The Town and Country Planning (Amendment) Act 1977
1977 c. 38 =	The Administration of Justice Act 1977
1977 c. 40 =	The Control of Office Development Act 1977
1977 c. 45 =	The Criminal Law Act 1977
1977 SI/293 =	The Local Authorities Etc. (Miscellaneous Provisions) Order 1977
1978 c. 30 =	The Interpretation Act 1978
1979 c. 46 =	The Ancient Monuments and Archaeological Areas Act 1979
1980 c. 43 =	The Magistrates' Courts Act 1980
1980 c. 65 =	The Local Government, Planning and Land Act 1980
1980 c. 66 =	The Highways Act 1980
1981 c. 36 =	The Town and Country Planning (Minerals) Act 1981
1981 c. 38 =	The British Telecommunications Act 1981
1981 c. 41 =	The Local Government and Planning (Amendment) Act 1981
1981 c. 43 =	The Disabled Persons Act 1981
1981 c. 54 =	The Supreme Court Act 1981
1981 c. 64 =	The New Towns Act 1981
1981 c. 66 =	The Compulsory Purchase (Vesting Declarations) Act 1981
1981 c. 67 =	The Acquisition of Land Act 1981
1981 c. 69 =	The Wildlife and Countryside Act 1981
1982 c. 16 =	The Civil Aviation Act 1982
1982 c. 21 =	The Planning Inquiries (Attendance of Public) Act 1982
1982 c. 30 =	The Local Government (Miscellaneous Provisions) Act 1982
1982 c. 48 =	The Criminal Justice Act 1982
1982 c. 52 =	The Industrial Development Act 1982
1982 SI/86 =	The Town and Country Planning (Minerals) Act 1981 (Commencement No 1) Order 1982
1983 c. 47 =	The National Heritage Act 1983
1984 c. 10 =	The Town and Country Planning Act 1984
1984 c. 12 =	The Telecommunications Act 1984
1984 c. 32 =	The London Regional Transport Act
1985 c. 9 =	The Companies (Consequential Provisions) Act 1985
1985 c. 19 =	The Town and Country Planning (Compensation) Act 1985
1985 c. 51 =	The Local Government Act 1985
1985 c. 52 =	The Town and Country Planning (Amendment) Act 1985
1985 c. 71 =	The Housing (Consequential Provisions) Act 1985
1986 c. 31 =	The Airports Act 1986
1986 c. 63 =	The Housing and Planning Act 1986
1986 c. 44 =	The Gas Act 1986
1986 SI/452 =	The Local Government Reorganisation (Miscellaneous Provision) (No 4) Order 1986
1987 c. 3 =	The Coal Industry Act 1987
1988 c. 4 =	The Norfolk and Suffolk Broads Act 1988
1988 c. 40 =	The Education Reform Act 1988
1988 c. 50 =	The Housing Act 1988
1989 c. 15 =	The Water Act 1989
1989 c. 29 =	The Electricity Act 1989
1989 c. 34 =	The Law of Property (Miscellaneous Provisions) Act 1989
1989 c. 42 =	The Local Government and Housing Act 1989
1989 c. 43 =	The Statute Law (Repeals) Act 1989
1990 SI/465 =	The Town and Country Planning (Blight Provisions) Order 1990
1990 SI/776 =	The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990

2 The Table does not show the effect of transfer of functions orders.

3 The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd.958).

4 The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation.

Provision	Derivation
1(1)	1971 c. 78 s.1(1)(a), (2A); 1985 c. 51 s.3(1); 1986 c. 63, Sch.11 para. 14.
(2)	1971 c. 78 s.1(1)(b), (c); 1985 c. 51 s.3(1).
(3)	1972 c. 70 s.182(2); 1985 c. 51 s.3(5).
(4)	1971 c. 78 s.1(2B); 1985 c. 51 s.3(3).
(5)(a)	1971 c. 78 s.1(6); 1972 c. 70 Sch.16 para. 43(b); 1988 c. 4 s.2(5), Sch.3 para. 8.
(b)	1971 c. 78 s.1(1).
(c)	1972 s.182(2).
2(1),(2)	1971 c. 78 s.1(2); 1972 c. 70 s.182(1).
(3)	1971 c. 78 s.1(4).
(4), (5)	1971 c. 78 Sch.1 paras. 1, 2 .
(6)	1971 c. 78 Sch.1 para. 3; 1972 c. 70 Sch.16 paras. 49,52; 1972 s.272(2).
(7)	1971 c. 78 s.1(6); 1972 c. 70 s.182(2) Sch.16 para. 43(b); 1988 c. 4 Sch. 3 para. 8.
3 (1)	1985 c. 51 s.5(1), drafting.
(2) to (4)	1985 c. 51 s.5(2) to (4).
4(1)	1972 c. 70 s.182(4); 1985 c. 51 s.7(1), Sch.3 para. 3(1).
(2)	1972 c. 70 s.182(5); 1985 c. 51 Sch.3 para. 3(1); R 1.
(3)	1972 c. 70 s.182(6).
(4)	1985 c. 51 s.7(1), Sch.3 para. 2(2) (part).
5(1)	1971 c. 78 ss.212(10), 280(10)(b); 1984 c. 10 s.6(5); 1988 c. 4 Sch.3 paras. 21, 23, 32, 48; R 2.
(2),(3)	1971 c. 78 ss.273A, 280(10)(a); 1972 c. 70 Sch 16 para 10(5); 1988 c. 4 Sch.3 paras. 7, 23, 28.
6(1)	1980 c. 65 Sch.32 para. 5(7).
(2)	1980 c. 65 Sch.32 para. 15(2)(b)(i).
(3)	1980 c. 65 Sch.32 para. 20(1).
(4)	1980 c. 65 Sch.32 para. 25(1)(c).
(5)	1980 c. 65 Sch.32 para. 25(2).
7(1) to (4)	1980 c. 65 s. 149(1) to (4).
(5)	1980 c. 65 s.149(11).
8(1)	1988 c. 50 s.67(1).
(2)	1988 c. 50 s.67(3).
9	1971 c. 78 s.1(5)
10	1985 c. 51 s.4(1), Sch.3 para. 2(2)(part).
11	1985 c. 51 Sch.1 para. 1.
12(1)	1985 c. 51 Sch.1 para. 2(1).
(2) to (4)	1985 c. 51 Sch.1 para. 2(2).
(5) to (9)	1985 c. 51 Sch.1 para. 2(3) to (7).
13(1), (2)	1985 c. 51 Sch.1 para. 3(1).
(3), (4)	1985 c. 51 Sch.1 para. 3(2).
(5) to (7)	1985 c. 51 Sch.1 para. 3(3) to (5).
14	1985 c. 51 Sch.1 para. 4.
15	1985 c. 51 Sch.1 para. 5.
16(1) to (3)	1985 c. 51 Sch.1 para. 6(1).
(4), (5)	1985 c. 51 Sch.1 para. 6(2), (3).
17(1)	1985 c. 51 para. 6A; 1986 c. 63 Sch. 10 Pt. II para. 2.
(2)	1985 c. 51 para. 6A; 1986 c. 63 Sch. 10 Pt. II para. 2.
18(1), (2)	1985 c. 51 Sch.1 para. 7(1).
(3), (4)	1985 c. 51 Sch.1 para. 7(2), (3).
19	1985 c. 51 Sch.1 para. 8.
20	1985 c. 51 Sch.1 para. 9.
21(1)	1985 c. 51 Sch.1 para. 10(1).
(2)	1985 c. 51 Sch.1 para. 10(2); 1986 c. 63 Sch.10 Pt.II para. 3.
(3)	1985 c. 51 Sch.1 para. 10(3).
22	1985 c. 51 Sch. 1 para. 10A; 1986 c. 63 Sch. 10 Pt. II para. 4.
23(1)	1985 c. 51 Sch.1 para. 12(1), and (7) (part).
(2)	1985 c. 51 Sch.1 para. 12(3).
(3), (4)	1985 c. 51 Sch.1 para. 12(2).
(5), (6)	1985 c. 51 Sch.1 para. 12(4).
(7), (8)	1985 c. 51 Sch.1 para. 12(5), (6).
(9)	1985 c. 51 Sch.1 para. 12(7)(a); 1986 c. 63 Sch.11 para. 26.
(10)	1985 c. 51 Sch.1 para. 12(7)(b),(7A); 1986 c. 63 Sch.11 para. 26.
(11)	1985 c. 51 Sch.1 para. 12(8).
24	1985 c. 51 Sch.1 para. 11.
25	1985 c. 51 Sch. 1 para. 13.
26(1)	1985 c. 51 Sch.1 para. 14(1).
(2)	1985 c. 51 Sch.1 para. 14(1); R 3.
(3), (4)	1985 c. 51 Sch.1 para. 14(2), (3).
27	1985 c. 51 Sch.1 para. 15.
28(1),(2)	1985 c. 51 s.4(1), Sch. 3, para 2(2)(part).
(3)	1985 c. 51 s.4(2), Sch.1 para. 18(1),20(2)(part) drafting.
(4)	1985 c. 51 s.103(1)(part).
29	Drafting.
30(1)	1971 c. 78 s.6(1)(part), (2).
(2)	1971 c. 78 s.6(3).
(3)	1971 c. 78 s.6(5)(part).
(4)	1971 c. 78 s.6(4).
31(1)	Drafting.
(2)	1971 c. 78 s.7(1A); 1980 c. 65 s.89, Sch.14 para. 2(a).
(3)	1971 c. 78 s.7(6); 1980 c. 65 s.89, Sch.14 para. 2(c).
(4)	1971 c. 78 s.7(4); 1982 c. 30. Sch 6 para 7.
(5)	1971 c. 78 s.7(7)(part).
32(1), (2)	1971 c. 78 s.10(1); 1980 c. 65 Sch.14 para. 5.
(3) to (7)	1971 c. 78 s.10(2) to (6); 1980 c. 65 Sch.14 para. 5.
33(1),(2)	1971 c. 78 ss.8(1),10(7); 1980 c. 65 Sch.14 para. 3(a).
(3),(4)	1971 c. 78 s.8(2); 1980 c. 65 Sch.14 para. 3(b).
(5)	1971 c. 78 s.8(3).
(6), (7)	1971 c. 78 s.8(4).
(8) to (10)	1971 c. 78 s.8(5) to (7).
34(1)	1971 c. 78 s.10B(1); 1972 c. 42 s.2; R 4.
(2)	1971 c. 78 s.10B(1); 1972 c. 42 s.2; R 4.
(3)	1971 c. 78 s.10B(2); 1972 c. 42 s.2; R 4.
(4), (5)	1971 c. 78 s.10B(3); 1972 c. 42 s.2; R 4.
35(1)	1971 c. 78 ss.9(1),10(7).
(2)	1971 c. 78 s.9(2).
(3)	1971 c. 78 s.9(3); 1972 c. 42 s.3(1).
(4)	1978 c. 78 s.10(8)
(5)	1971 c. 78 s.9(4); 1972 c. 42 s.3(1).
(6), (7)	1971 c. 78 s.9(5); 1972 c. 42 s.3(1).
(8) to (10)	1971 c. 78 s.9(6) to (8); 1972 c. 42 s.3(1).
36(1) to (3)	1971 c. 78 s.11(1) to (3); 1986 c. 63 Sch.10.
(4) to (5)	1971 c. 78 s.11(5); 1986 c. 63 Sch.10.
(6), (7)	1971 c. 78 s.11(6),(7); 1986 c. 63 Sch.10.
37	1971 c. 78 s.11A; 1986 c. 63 Sch. 10 Pt. I.
38	1971 c. 78 s.11B; 1986 c. 63 Sch. 10 Pt. I.
39(1)	1971 c. 78 s.12(1); 1986 c. 63 Sch.10.
(2), (3)	1971 c. 78 s.12(2); 1986 c. 63 Sch.10.
(4) to (6)	1971 c. 78 s.12(3) to (5); 1986 c. 63 Sch.10.
40(1) to (3)	1971 c. 78 s.12A(1) to (3); 1986 c. 63 Sch.10 Pt. I.
(4), (5)	1971 c. 78 s.12A(4); 1986 c. 63 Sch. 10 Pt. I.
41	1971 c. 78 s.12B; 1986 c. 63 Sch. 10 Pt. I.
42	1971 c. 78 s.13; 1986 c. 63 Sch. 10 Pt. I.
43	1971 c. 78 s.14; 1986 c. 63 Sch. 10 Pt. I.
44	1971 c. 78 s.14A; 1986 c. 63 Sch. 10 Pt. I.
45	1971 c. 78 s.14B; 1986 c. 63 Sch. 10 Pt. I.
46(1)	1971 c. 78 s.11(4); 1986 c. 63 Sch. 10 Pt. I.
(2) to (6)	1971 c. 78 s.15; 1986 c. 63 Sch. 10 Pt. I.
47(1), (2)	1971 c. 78 s.15A(1); 1986 c. 63 Sch.10.
(3) to (6)	1971 c. 78 s.15A(2) to (5); 1986 c. 63 Sch.10.
48	1971 c. 78 s.15B; 1986 c. 63 Sch. 10 Pt. I.
49	1971 c. 78 s.16; 1980 c. 66 Sch.24 para. 20(a).
50(1)	1972 c. 70 Sch.16 para. 9(1); 1980 c. 65 Sch.14 para. 17.
(2)	1972 c. 70 Sch.16 paras. 8(3),9(2).
(3)	1972 c. 70 Sch.16 paras. 8(2),9(2); 1971 c. 78 s.10(7); 1982 c. 30 Sch.6 para. 7(a).
(4)	1972 c. 70 Sch.16 paras. 8(4), 9; R 5.
(5)	1971 c. 78 s.10B(1); 1972 (c. 42) s.2.
(6)	1972 c. 70 Sch.16 para. 10; 1986 c. 63 Sch.11 para. 23.
(7)	1972 c. 70 Sch.16 para. 11; 1986 c. 63 Sch.11 para. 23.
(8)	1972 c. 70 Sch.16 para. 12; 1986 c. 63 Sch.11 para. 23.
(9)	1972 c. 70 Sch.16 para. 13; R 6.
51(1)	1971 c. 78 s.17(1); 1972 c. 70 Sch.16 paras.4, 52.
(2), (3)	1971 c. 78 s.17(2), (3).
(4)	1971 c. 78 s.17(4), (5).
52(1), (2)	1980 c. 65 Sch.32 para. 23(1), (2).
(3)	1980 c. 65 Sch.32 para. 23(4).
53(1)(2)	1971 c. 78 s.18(1), 1986 c. 63 Sch.11 para. 15; 1972 c. 70 Sch.16 paras.5, 52.
(3) to (5)	1971 c. 78 s.18(2) to (4).
54(1)	1971 c. 78 s.20(1); 1980 c. 66 Sch.24 para. 20.
(2) to (5)	1971 c. 78 s.20(3) to (5).
55(1)	1971 c. 78 s.22(1).
(2)	1971 c. 78 s.22(2); 1986 c. 63 Sch. 11 para. 1.
(3)	1971 c. 78 s.22(3).
(4)	1971 c. 78 s.22(3A); 1981 c. 36 s.1(1).
(5)	1971 c. 78 s.22(4).
(6)	1971 c. 78 s.22(5).
56(1)	1971 c. 78 s.290(5).
(2), (3)	1971 c. 78 ss. 24C(4), 24D(6), 24E(4), 43(1), 44(1); 1980 c. 65 Sch.32 para. 26(1A); 1986 c. 63 ss.25(1), 54 (2).
(4)	1971 c. 78 s.43(2).
(5)	1971 c. 78 s.43(3) (part).
(6)	1971 c. 78 s.43(3) (part).
57(1)	1971 c. 78 s.23(1).
(2)	1971 c. 78 s.23(5).
(3)	1971 c. 78 s.23(8) (part).
(4)	1971 c. 78 s.23(9); 1982 c. 30 s.47(1), Sch. 6 para. 7.
(5)	1971 c. 78 s.23(6), (8) (part).
(6)	1971 c. 78 s.23(10).
(7)	1971 c. 78 s.23(1).
58	1971 c. 78 ss.24(1), (2), 24A(2), 40; 1980 c. 65 Sch.32 para. 17.
59(1)	1971 c. 78 s.24(1).
(2)	1971 c. 78 s.24(2).
(3)	1971 c. 78 s.24(3) (part); 1986 c. 63 Sch. 11 para. 2.
60(1)	1971 c. 78 s.24(4).
(2), (3)	1971 c. 78 s.24(5).
(4)	1971 c. 78 s.24(6).
61(1)	1971 c. 78 s.24(3)(a); 1986 c. 63 Sch. 11 para. 2.
(2)	1971 c. 78 s.24(7).
(3)	1971 c. 78 s.24(8); 1980 c. 66 Sch. 24 para. 20(c).
62	1971 c. 78 s.25
63(1), (2)	1971 c. 78 s.32(1).
(3)	1971 c. 78 s.32(2)(part).
(4)	1971 c. 78 s.32(3).
(5)	1971 c. 78 s.32(2).
64(1)	1971 c. 78 s.53(1) (part), (2)(part); 1980 c. 65 Sch. 32 para. 18(3); 1986 c. 63 Sch. 6 Pt ll para. 3.
(2)	1971 c. 78 s.53(1) (part).
(3)	1971 c. 78 s.53(2).
65(1) to (4)	1971 c. 78 s.26(1) to (4).
(5), (6)	1971 c. 78 s.26(5).
(7), (8)	1971 c. 78 s.26(6).
(9)	1971 c. 78 s.26(7).
66(1)	1971 c. 78 s.27(1)(a), (b), (c), (d); 1980 c. 65 Sch. 15 para. 2.
(2), (3)	1971 c. 78 s.27(2).
(4), (5)	1971 c. 78 s.27(3).
(6)	1971 c. 78 s.27(4).
(7)	1971 c. 78 s.27(7); 1978 c. 30 s.17; 1980 c. 65 Sch. 15 para. 3.
67(1)	Drafting.
(2)	1971 c. 78 s.27(1A); 1981 c. 36 s.4(2).
(3)	1971 c. 78 s.27(1), (part)(1A); 1981 c. 36 s.4(1).
(4)	1971 c. 78 s.27(1B); 1981 c. 36 s.4(2).
(5), (6)	1971 c. 78 s.27(2) (part).
(7)	1971 c. 78 s.27(2A); 1981 c. 36 s.4(4).
(8), (9)	1971 c. 78 s.27(2B); 1981 c. 36 s.4(4).
(10)	1971 c. 78 s.27(2C); 1981 c. 36 s.4(4).
(11)	1971 c. 78 s.27(2) to (4); drafting; R 7.
68(1)	1971 c. 78 ss.26(8)(part), 27(5)(part).
(2)	1971 c. 78 s.26(8) (part), s.27(5) (part); 1982 c. 48 ss.38, 46.
(3)	1971 c. 78 ss.26(9), 27(6) (part).
(4)	1971 c. 78 s.27(6) (part).
69(1)	1971 c. 78 s.34(1) (part).
(2)	1971 c. 78 s.34(1) (part); 1986 c. 63 Sch. 6, Pt II para. 1.
(3)	1971 c. 78 s.34(2) (part).
(4)	1971 c. 78 s.34(2) (part).
(5)	1971 c. 78 s.34(3).
70(1)	1971 c. 78 s.29(1) (part); 1986 c. 63 Sch. 11 Pt I para. 16.
(2)	1971 c. 78 s.29(1) (part).
(3)	1971 c. 78 s.29(1) (part), drafting.
71(1)	1971 c. 78 s.29(2).
(2)	1971 c. 78 s.29(3); R 7.
(3)	1971 c. 78 s.29(5).
(4)	1971 c. 78 s.29(6).
72(1)	1971 c. 78 s.30(1).
(2)	1971 c. 78 s.30(2).
(3)	1971 c. 78 s.30(3) (part).
(4)	1971 c. 78 s.30(3)(part); 1981 c. 36 Sch.1 para. 1.
(5)	Drafting; 1971 c. 78 s.30(2)(part); 1981 c. 36 Sch.1 para. 1.
73(1)	1971 c. 78 s.31A(1); 1986 c. 63 Sch.11 para. 4.
(2)	1971 c. 78 s.31A(3); 1986 c. 63 Sch.11 para. 4.
(3)	1971 c. 78 s.31A(2); 1986 c. 63 Sch.11 para. 4.
(4)	1971 c. 78 S.31A(4); 1986 c. 63 Sch.11 para. 4.
74(1)	1971 c. 78. s.31(1) (part); 1972 c. 70 Sch. 16 para. 22; 1980 c. 65 Sch. 15 para. 4(1).
(2)	1971 c. 78 s.31(1) (part).
75(1)	1971 c. 78 s.33(1).
(2), (3)	1971 c. 78 s.33(2).
76(1)	1971 c. 78 ss.29A(1) (part), 29B(1) (part); 1981 c. 43 s.3; 1988 c. 40 Sch.12 para. 70.
(2)	1971 c. 78 ss.29A(1) (part), (2); 29B(1) (part); 1981 c. 43 s.3; 1986 c. 63 Sch.11 para. 3, Sch. 12 Pt. III.
(3)	1971 c. 78 s.29B(1A); 1988 c. 40 Sch.12 para. 70.
77(1) to (3)	1971 c. 78 s.35(1) to (3).
(4)	1971 c. 78 s.35(4)(part); 1981 c. 36 Sch.1 para. 2; 1986 c. 63 Sch.11 para. 17.
(5), (6)	1971 c. 78 s.35(5).
(7)	1971 c. 78 s.35(6).
78(1)	1971 c. 78 s.36(1); 1980 c. 65 Sch. 15 para. 4(2).
(2)	1971 c. 78 s.37 (part); 1980 c. 65 Sch. 15 para. 4(3).
(3)	1971 c. 78 s.36(2) (part).
(4)	1971 c. 78 ss.36(2) (part), 37 (part).
(5)	1971 c. 78 s.37 (part); R 8(a), (c), (d).
79(1)	1971 c. 78 ss.36(3), 37.
(2), (3)	1971 c. 78 s.36(4).
(4)	1971 c. 78 s.36(5); 1981 c. 36 Sch. 1 para. 3; 1986 c. 63 Sch.11 para. 17.
(5)	1971 c. 78 s.36(6).
(6)	1971 c. 78 s.36(7); 1986 c. 63 Sch. 11 para. 18.
(7)	1971 c. 78 s.36(8).
80(1), (2)	1971 c. 78 s.38(1), (2).
(3)	1971 c. 78 s.38(4).
(4)	1971 c. 78 s.38(3).
81(1), (2)	1971 c. 78 s.39(1).
(3), (4)	1971 c. 78 s.39(2), (3).
82	1971 c. 78 s.24A(1) to (3); 1986 c. 63 s.25(1).
83(1)	1971 c. 78 s.24A(4)(a); 1986 c. 63 s.25(1).
(2)	1971 c. 78 s.24A(4)(b); 1971 c. 78 Sch.8A para. 2(1); 1986 c. 63 s.25(1).
(3)	1971 c. 78 s.24A(5); 1986 c. 63 s.25(1).
84(1), (2)	1971 c. 78 s.24B(1); 1986 c. 63 s.25(1).
(3), (4)	1971 c. 78 s.24B(2) (part); 1986 c. 63 s.25(1).
85	1971 c. 78 s.24C(1), (2); 1986 c. 63 s.25(1).
86(1) to (5)	1971 c. 78 s.24D(1) to (5); 1986 c. 63 s.25(1).
(6)	1971 c. 78 s.24D(6) (part); 1986 c. 63 s.25(1).
87(1)	1971 c. 78 s.24E(1); 1986 c. 63 s.25(1); 1988 c. 4 Sch.3 para. 10.
(2), (3)	1971 c. 78 s.24E(2), (3); 1986 c. 63 s.25(1).
(4)	1971 c. 78 s.24E(4) (part); 1986 c. 63 s.25(1).
88(1)	1980 c. 65 Sch.32 paras. 5(4)(a), 17(1).
(2)	1980 c. 65 Sch.32 paras. 11(3), 17(2).
(3) to (6)	1980 c. 65 Sch.32 para. 17(3) to (6).
(7)	1980 c. 65 Sch.32 para. 25(1)(a), (b).
(8)	1980 c. 65 Sch.32 para. 25(2).
(9), (10)	1980 c. 65 Sch.32 para. 17(7), (8).
89(1)	1980 c. 65 Sch.32 para. 21; 1986 c. 63 s.54(1).
(2)	1980 c. 65 Sch.32 para. 22(1); 1986 c. 63 s.54(1).
90(1)	1971 c. 78 s.40(1)
(2)	1989 c. 29 Sch. 8 para. 7(1).
(3)	1971 c. 78 s.40(2); 1989 c. 29 Sch. 8 para. 7(3).
(4)	1971 c. 78 s.40(3)
(5)	1989 c. 29 Sch. 8 para. 7(4).
91(1), (2)	1971 c. 78 s.41(1).
(3)	1971 c. 78 s.41(2).
(4)	1971 c. 78 s.41(3); 1980 c. 65 Sch.32 para. 18(2); 1981 c. 36 s.6; 1986 c. 63 Sch.6 Pt II para. 2.
92	1971 c. 78 s.42
93	1971 c. 78 s.43(4) to (7); 1989 c. 29 Sch. 8 para 7(3).
94(1)	1971 c. 78 ss.44(1), 24C(3); 1980 c. 65 Sch. 32 para. 22(2); 1986 c. 63 ss.25, 54(1).
(2), (3)	1971 c. 78 s.44(2).
(4)	1971 c. 78 s.44(3)(a).
(5), (6)	1971 c. 78 s.44(6).
95(1), (2)	1971 c. 78 s.44(3)(b).
(3)	1971 c. 78 s.44(4).
(4), (5)	1971 c. 78 s.44(5).
96(1), (2)	1971 c. 78 s.276(5); 1981 c. 41 Sch. para. 24.
(3)	1971 c. 78 s.276(5) (part); 1981 c. 41 Sch. para. 24.
97(1), (2)	1971 c. 78 s.45(1).
(3)	1971 c. 78 s.45(4) (part).
(4)	1971 c. 78 s.45(4) (proviso).
(5)	1971 c. 78 s.45(5); 1981 c. 36 s.8.
98(1)	1971 c. 78 s.45(2) (part).
(2) to (5)	1971 c. 78 s.45(3).
(6)	1971 c. 78 s.45(2) (part).
99(1)	1971 c. 78 s.46(1); 1974 c. 7 Sch.6 para. 25(3), Sch.8.
(2)	1971 c. 78 s.46(1)(part), (2)(part).
(3)	1971 c. 78 s.46(3); 1974 c. 7 Sch.8.
(4)	1971 c. 78 s.46(2)(a)(part).
(5)	1971 c. 78 s.46(2)(b)(part).
(6) to (8)	1971 c. 78 s.46(4) to (6).
100(1) to (3)	1971 c. 78 s.276(1); 1974 c. 7 Sch. 6 para. 25(12), Sch. 8.
(4) to (6)	1971 c. 78 s.276(4).
(7)	1971 c. 78 s.276(2), (3).
(8)	1971 c. 78 s.45(5); R 9.
101(1)	1971 c. 78 ss.47(1), 48(1) (part).
(2)	1971 c. 78 s.48(1).
(3)	1971 c. 78 s.48(2).
(4)	1971 c. 78 s.48(8); drafting.
(5)	1971 c. 78 s.47(6) (part).
102(1)	1971 c. 78 s.51(1).
(2), (3)	1971 c. 78 s.51(2).
(4)	1971 c. 78 s.51(3) (part).
(5)	1971 c. 78 s.51(3) (part) and s.32(3).
(6)	1971 c. 78 s.51(8).
(7)	1971 c. 78 s.51(9).
(8)	1971 c. 78 s.51(1A); 1981 c. 36 s.9; drafting.
103(1)	1971 c. 78 s.51(4).
(2)	1971 c. 78 s.51(5).
(3) to (6)	1971 c. 78 s.51(6).
(7)	1971 c. 78 s.51(7).
(8)	1971 c. 78 s.51(9).
104(1)	1971 c. 78 s.276(1) (part), (2) (part).
(2), (3)	1971 c. 78 s.276(1) (part).
(4) to (7)	1971 c. 78 s.276(4) (part).
(8)	1971 c. 78 s.276(2),(3).
105(1)	1971 c. 78 s.264A(1); 1981 c. 36 s.3.
(2)	1971 c. 78 s.264A(2); 1981 c. 36 s.3.
106(1)	1971 c. 78 s.52(1) (part).
(2)	1971 c. 78 s.52(1) (part).
(3), (4)	1971 c. 78 s.52(2), (3).
107(1)	1971 c. 78 s.164(1); 1974 c. 7, Sch. 6 para. 25(11), Sch. 8; 1981 c. 36 ss.12, 34, Sch. 1 para. 4.
(2) to (5)	1971 c. 78 s.164(2) to (5).
108(1)	1971 c. 78 s.165(1),(2) (part).
(2)	1971 c. 78 s.165(1A).
(3)	1971 c. 78 s.165(3); 1985 c. 19 s.1(1).
109(1)	1971 c. 78 s.166(1).
(2)	1971 c. 78 ss.165(2) (part), 166(2).
(3), (4)	1971 c. 78 ss.156(2),(3), 166(3).
(5)	1971 c. 78 s.166(4).
(6)	1971 c. 78 ss.165(2), 166(6).
110(1)	1971 c. 78 s.166(5).
(2)	1971 c. 78 ss.158(4) (part), 166(5); 1972 c. 70 s. 179(3).
(3)	1971 c. 78 ss.158(4) (part), 165(2) (part), 166(5).
(4)	1971 c. 78 ss.158(5), 166(5).
(5)	1971 c. 78 ss.158(6), 166(5).
111(1)	1971 c. 78 ss.159(1), 168(1).
(2)	1971 c. 78 ss.159(2), 168(1).
(3)	1971 c. 78 ss.159(3), 168(1).
(4)	1971 c. 78 ss.165(2), 168(1),(proviso).
(5)	1971 c. 78 s.168(4).
112(1)	1971 c. 78 ss.160(1), 168(1).
(2), (3)	1971 c. 78 ss.160(2), 168(1).
(4)	1971 c. 78 ss.160(3), 168(1).
(5)	1971 c. 78 ss.160(4), 168(1).
(6)	1971 c. 78 ss.160(5)(a), 168(1).
(7)	1971 c. 78 ss.160(5)(a) (part), 168(1).
(8)	1971 c. 78 ss.160(5)(b), 168(1).
(9), (10)	1971 c. 78 ss.160(6), 168(1).
(11)	1971 c. 78 s.168(2).
(12)	1971 c. 78 s.168(3).
(13)	1971 c. 78 s.168(3),(proviso).
113	1971 c. 78 ss. 165(2), 167.
114(1) to (3)	1971 c. 78 s.169(1) to (3).
(4), (5)	1971 c. 78 s.169(4) (part).
(6)	1971 c. 78 s.169(6),(6A); 1985 c. 19 s.1(2).
(7), (8)	1971 c. 78 s.169(7),(8).
115(1)	1971 c. 78 s.170(1); 1981 c. 36 s.34, Sch. 1 para. 5.
(2)	1971 c. 78 s.170(2); 1981 c. 36 s.14.
(3), (4)	1971 c. 78 s.170(3),(4).
(5)	1971 c. 78 ss.170(1)(part), 170A (part); 1981 c. 36 s.15, Sch. 1 para. 5; R 10.
(6)	1971 c. 78 ss.170(1), 170A (part); 1981 c. 36 s.15; R 10.
116	Drafting.
117(1)	1971 c. 78 s.178(1).
(2)	1971 c. 78 s.178(2); 1981 c. 36 Sch. 1 para. 6.
(3)	1971 c. 78 s.178(3).
118(1)	1971 c. 78 s.179(1) (part).
(2)	1971 c. 78 s.179(2) (part).
119(1)	1971 c. 78 s.134(1), (2).
(2)	Drafting.
(3)	1971 c. 78 s.134(3).
(4)	1971 c. 78 s.134(4); 1972 c. 70 Sch. 16 para. 33.
120	1971 c. 78 s.146.
121(1)	1971 c. 78 s.147(1).
(2), (3)	1971 c. 78 s.147(2).
(4)	1971 c. 78 s.147(3).
(5)	1971 c. 78 s.147(4) (part).
(6)	1971 c. 78 s.147(4),(proviso); 1973 c. 37 Sch. 8 para. 94.
(7)	1971 c. 78 s.147(5).
(8)	1971 c. 78 s.147(6).
122(1)	1971 c. 78 s.148(1).
(2)	1971 c. 78 s.148(1),(proviso).
(3)	1971 c. 78 s.148(2).
(4)	1971 c. 78 s.148(3).
123(1),(2)	1971 c. 78 s.149(1),(2); 1987 c. 3 s.1.
(3), (4)	1971 c. 78 s.149(3); 1987 c. 3 s.1.
(5)	1971 c. 78 s.149(4): 1987 c. 3 s.1.
124	1971 c. 78 s.150.
125	1971 c. 78 s.152.
126	1971 c. 78 s.153.
127(1),(2)	1971 c. 78 s.154(1),(2)(part).
(3)	1971 c. 78 s.154(2),(proviso).
(4)	1971 c. 78 s.154(3).
(5), (6)	1971 c. 78 s.154(4).
(7), (8)	1971 c. 78 s.154(5).
128	1971 c. 78 s.155.
129	1971 c. 78 s.156.
130	1971 c. 78 s.157.
131	1971 c. 78 s.158(1) to (3).
132(1),(2)	1971 c. 78 s.158(4); 1972 c. 70 s. 179(3), Sch. 30.
(3)	1971 c. 78 s.158(5); 1975 c. 76 Sch. 1.
(4)	1971 c. 78 s.158(6).
133	1971 c. 78 s.159.
134(1)	1971 c. 78 s.160(1).
(2),(3)	1971 c. 78 s.160(2).
(4),(5)	1971 c. 78 s.160(3),(4).
(6) to (8)	1971 c. 78 s.160(5).
(9),(10)	1971 c. 78 s.160(6).
135	1971 c. 78 s.162; R 11.
136(1)	1971 c. 78 s.163(1) (part).
(2)	1971 c. 78 s.163(1),(proviso).
(3)	1971 c. 78 s.163(2).
137(1)(a)	1971 c. 78 s.180(1), (part).
(b)	1971 c. 78 s.188(1), (part).
(c)	1971 c. 78 s.189(1), (part).
(2)(a)	1971 c. 78 ss.180(1)(part),(7), 188(1)(part),(2)(part); 1972 c. 70 s. 179(3), Sch.30.
(b)	1971 c. 78 s.189(1)(part),(2)(part); 1972 c. 70 s. 179(3), Sch.30.
(3)	1971 c. 78 ss.180(1)(part), 188(1)(part).
(4)	1971 c. 78 s.189(1)(part).
(5)	1971 c. 78 s.180(4); 1986 c. 63 Sch.12 Pt.III.
(6)	1971 c. 78 s.180(5); R 12.
(7)	1971 c. 78 s.180(6); R 12, R 41.
(8)	1971 c. 78 s.189(5).
138(1)	1971 c. 78 ss.180(2) (part), 188(2) (part), 189(2) (part).
(2)	1971 c. 78 ss.180(2) (part), 188(3) (part), 189(3) (part), 198(3) (part).
139(1)	1971 c. 78 ss.181(1) (part), 188(2) (part), 189(2) (part); 1986 c. 63 Sch.11 para. 5(1)(a).
(2)	1971 c. 78 s.181(1) (part), s.188(2) (part); s.189(2) (part).
(3)	1971 c. 78 s.181(2), s.188(2) (part) s.189(2) (part).
(4)	1971 c. 78 s.181(3), s.188(2) (part); s.189(2) (part), 1986 c. 63 Sch. 11 para. 5(1)(b).
(5)	1971 c. 78 s.208.
140(1)	1971 c. 78 ss.182(1), 188(2) (part), 189(2) (part).
(2)	1971 c. 78 s.182(2), s.188(2) (part), s.189(2) (part); 1972 c. 70 Sch. 16 paras. 37, 52.
(3),(4)	1971 c. 78 s.182(3), s.188(2) (part), s.189(2) (part).
(5)	1971 c. 78 s.182(4), s.188(2) (part), s. 189(2) (part).
141(1)	1971 c. 78 ss.183(1), 188(2) (part), 189(2) (part), (3) (part); R 13(a).
(2)	1971 c. 78 ss.183(2), 188(2) (part), (3) (part), 189(2) (part), (3) (part).
(3) to (5)	1971 c. 78 s.183(3) to (5), s.188(2) (part), s.189(2) (part).
142(1)	1971 c. 78 ss.184(1), 188(2) (part), 189(2) (part); 1986 c. 63 Sch. 11 para. 6(a); R 13(b).
(2)	1971 c. 78 s.184(2).
(3)	1971 c. 78 s.184(3); 1986 c. 63 Sch. 11 para. 6(b).
143(1)	1971 c. 78 ss.186(1), 188(2) (part), 189(2) (part).
(2),(3)	1971 c. 78 ss.186(2),(3), 188(2) (part), 189(2) (part).
(4)	1971 c. 78 ss.186(3A), 188(2) (part), 189(2) (part); 1986 c. 63 Sch.11 para. 7(1).
(5),(6)	1971 c. 78 ss.186(4), 188(2) (part), 189(2) (part).
(7)	1971 c. 78 ss.186(5), 188(2) (part), 189(2) (part).
(8)	1971 c. 78 s.208.
144(1)	1971 c. 78 ss.187(1), 188(2) (part), 189(2) (part).
(2)	1971 c. 78 s.187(2), s.188(2) (part), s.189(2) (part).
(3),(4)	1971 c. 78 ss.187(3), 188(2) (part), 189(2) (part).
(5),(6)	1971 c. 78 ss.187(4),(5), 188(2) (part), 189(2) (part).
(7)	1971 c. 78 s.189(4).
145(1),(2)	1973 c. 26 s.53(1), (5).
(3),(4)	1973 c. 26 s.53(3),(4); 1981 c. 66 Sch. 3 para. 1.
(5)	1973 c. 26 s.53(2)
(6)	1973 c. 26 s.53(1),(2).
(7)	1973 c. 26 s.53(6).
146(1),(2)	1973 c. 26 s.54(1).
(3)	1973 c. 26 s.54(2).
(4),(5)	1973 c. 26 s.54(3).
(6),(7)	1973 c. 26 s.54(4),(5).
(8),(9)	1973 c. 26 s.54(6).
(10),(11)	1973 c. 26 s.54(7),(8).
147(1)	1973 c. 26 s.84(2).
(2)	1973 c. 26 s.87(1).
148(1)	1971 c. 78 ss.181(4), 186(6), 191A; 1984 c. 12 Sch. 4 para. 53(5).
(2)	R 13(c).
149(1)	1971 c. 78 s.192(1) (part), drafting.
(2)	1971 c. 78 s.192(3),(4)(part),(5)(part).
(3)	1971 c. 78 s.192(4) (part); 190 SI/465.
(4)	1971 c. 78 s.192(4) (part), (5) (part).
(5)	1971 c. 78 s.192(6); 1973 c. 26 s.82(2).
150(1)	1971 c. 78 s.193(1); 1973 c. 26 s.77.
(2),(3)	1971 c. 78 s.193(2).
(4)	1971 c. 78 s.193(4)
151(1),(2)	1971 c. 78 s.194(1)
(3)	1971 c. 78 s.194(5) (part).
(4)	1971 c. 78 s.194(2); 1980 c. 65 Sch.15 paras. 18,19; 1985 c. 51 Sch.1 para. 16(2).
(5)	1971 c. 78 s.194(4); 1973 c. 26 s.75(3)(a).
(6)	1971 c. 78 s.194(3).
(7)	1973 c. 26 s.76(2).
(8)	1971 c. 78 s.194(6); 1973 c. 26 s.75(3)(b).
152(1)	1973 c. 26 ss.68(6)(part), 69(3); 1985 c. 51 Sch. 1 para. 17(4).
(2)	1973 c. 26 s.68(6)(part).
153(1),(2)	1971 c. 78 s.195(1).
(3) to (7)	1971 c. 78 s.195(2) to (6).
(8)	1973 c. 26 s.68(6) (part).
154(1),(2)	1971 c. 78 s.196(1).
(3)	1971 c. 78 s.196(2).
(4),(5)	1971 c. 78 s.196(3).
(6)	1971 c. 78 s.196(4).
155	1971 c. 78 s.199.
156(1),(2)	1971 c. 78 s.198(1).
(3),(4)	1971 c. 78 s.198(2),(3).
157(1),(2)	1971 c. 78 s.197; 1981 c. 67 Sch.4 para. 1; 1985 c. 71 Sch.2 para. 22.
(3),(4)	1973 c. 26 s.81(6),(7)(part).
158(1),(2)	1973 c. 26 s.79(1).
(3)	1973 c. 26 s.79(2).
159(1)	1973 c. 26 s.80(1).
(2),(3)	1973 c. 26 s.80(2).
(4) to (8)	1973 c. 26 s.80(3) to (7).
160(1) to (5)	1973 c. 26 s.81(1) to (5).
(6)	1973 c. 26 s.81(7).
161(1)	1971 c. 78 s.200; 1973 c. 26 s.81(8); R 14.
(2)	1973 c. 26 s.78(1).
(3) to (4)	1973 c. 26 s.78(2).
(5)	1973 c. 26 s.78(3).
162(1)	1971 c. 78 s.201(1); 1973 c. 26 s.77(1),(2).
(2),(3)	1971 c. 78 s.201(2).
(4)	1971 c. 78 s.201(3).
(5)	1971 c. 78 s.201(6).
163(1)	1971 c. 78 s.201(4); 1973 c. 26 s.78(4).
(2)	1971 c. 78 s.201(5); 1973 c. 26 s.78(4).
164	1971 c. 78 s.204.
165(1),(2)	1973 c. 26 s.72(4); 1980 c. 65 s.147(4).
(3)	1973 c. 26 s.72(5); 1980 c. 65 s.147(5); 1981 c. 64 Sch.12 para. 11.
166(1)	1971 c. 78 s.202(1),(2) (part).
(2)	1971 c. 78 s.202(2) (part).
167	1971 c. 78 s.208.
168	1971 c. 78 s.203.
169(1) to (3)	1971 c. 78 s.205; 1984 c. 12 Sch.4 para. 53(6).
(4)	1973 c. 26 s.72(3) (part); 1980 c. 65 s.147(3) (part).
(5)	1973 c. 26 s.76(3) (part).
170(1)	1971 c. 78 s.206(1).
(2)	1971 c. 78 s.206(2); 1985 c. 51 Sch.1 para 17(6) (part).
(3)	1973 c. 26 s.68(10) (part); 1985 c. 51 Sch.1 para. 17(6) (part).
(4)	1973 c. 26 s.71(3).
(5)	1973 c. 26 s.72(3) (part); 1980 c. 65 s.147(3) (part).
(6)	1973 c. 26 s.73(3); 1985 c. 71 Sch.2 para. 24(8).
(7)	1973 c. 26 s.76(3) (part); 1980 c. 66 Sch.24 para. 23.
(8)	1973 c. 26 s.70(3).
(9)	1971 c. 78 s.206(3).
(10)	1971 c. 78 s.206(4); 1980 c. 66 Sch.24 para. 20.
(11),(12)	1971 c. 78 s.206(5),(6).
171	1971 c. 78 s.207; 1973 c. 26 ss.82(5), 87(1); 1990 SI/465.
172(1) to (4)	1971 c. 78 s.87(1) to (4); 1981 c. 41 Sch. para. 1.
(5)	1971 c. 78 s.87(13).
(6)	1971 c. 78 s.87(5).
(7)	1971 c. 78 s.87(14).
(8)	1971 c. 78 s.87(15).
173(1)	1971 c. 78 s.87(6).
(2)	1971 c. 78 s.87(7).
(3)	1971 c. 78 s.87(9).
(4)	1971 c. 78 s.87(10).
(5)	1971 c. 78 s.87(8).
(6)	1971 c. 78 s.87(11).
(7)	1971 c. 78 s.87(12).
(8)	1971 c. 78 s.87(16).
174(1)	1971 c. 78 s.88(1); 1981 c. 41 Sch. para. 1; 1984 c. 10 s.4(2).
(2) to (4)	1971 c. 78 s.88(2) to (4), (5)(a).
(5)	1971 c. 78 s.88(9).
(6)	1984 c. 10 s.4(2).
175(1)	1971 c. 78 s.88(5)(b) to (e).
(2)	1971 c. 78 s.88(5)(d).
(3)	1971 c. 78 s.88(7).
(4)	1971 c. 78 s.88(10).
(5)	1971 c. 78 s.110(2).
(6)	1971 c. 78 s.88(11).
176(1),(2)	1971 c. 78 s.88A(1),(2); 1981 c. 41 Sch.para. 1.
(3)	1971 c. 78 s.88(6); 1981 c. 41 Sch.para. 1.
(4)	1971 c. 78 s.88(8); 1981 c. 41 Sch.para. 1.
(5)	1971 c. 78 s.88A(3); 1981 c. 41 Sch.para. 1.
177(1)	1971 c. 78 s.88B(1); 1981 c. 41 Sch para 1.
(2)	1971 c. 78 s.88B(2).
(3)	1971 c. 78 s.88B(2); R 15.
(4)	1971 c. 78 s.88B(2).
(5) to (8)	1971 c. 78 s.88B(3).
178(1),(2)	1971 c. 78 s.91(1),(2); 1981 c. 41 Sch.para. 4.
(3)	1971 c. 78 s.91(3),(4); 1974 c. 7 Sch.8.
(4)	1971 c. 78 s.91(3).
(5)	1971 c. 78 s.91(5).
(6)	1971 c. 78 s.111.
(7)	1971 c. 78 ss.89(6),90(10),91(1); drafting.
179(1)	1971 c. 78 s.89(1); 1981 c. 41 Sch.para. 2(1).
(2)	1971 c. 78 s.89(1); 1980 c. 43 s.32(2); 1982 c. 48 ss.46,74.
(3)	1971 c. 78 s.89(2).
(4)	1971 c. 78 s.89(3).
(5)	1971 c. 78 s.89(4); 1986 c. 63 Sch.11 para. 13.
(6)	1971 c. 78 s.89(5).
(7), (8)	1971 c. 78 s.89(5); 1980 c. 43 s.32(2); 1982 c. 48 ss.46,74; 1986 c. 63 Sch.11 para. 13.
180(1)	1971 c. 78 s.92(1); 1981 c. 41 Sch.para. 5
(2),(3)	1971 c. 78 s.92(2),(3).
181(1)	1971 c. 78 s.93(1); 1981 c. 41 Sch.para. 7(1).
(2) to (4)	1971 c. 78 s.93(2) to (4).
(5)	1971 c. 78 s.93(5); 1981 c. 41 Sch.para. 7(2); 1982 c. 48 s.46.
182(1) to (3)	1971 c. 78 s.276(5A); 1981 c. 41 Sch.para. 24.
(4)	1971 c. 78 s.276(5B)(part); 1981 c. 41 Sch.para. 24; R 16.
183(1),(2)	1971 c. 78 s.90(1); 1981 c. 41 Sch.para. 3; 1977 c. 29 s.1.
(3) to (5)	1971 c. 78 s.90(2); 1977 c. 29 s.1.
(6)	1971 c. 78 s.90(5)(part); 1977 c. 29 s.1.
(7)	1971 c. 78 s.90(6)(part); 1977 c. 29 s.1.
184(1)	1971 c. 78 s.90(1)(part); 1977 c. 29 s.1.
(2),(3)	1971 c. 78 s.90(3); 1977 c. 29 s.1.
(4),(5)	1971 c. 78 s.90(4); 1977 c. 29 s.1.
(6)	1971 c. 78 s.90(5)(part); 1977 c. 29 s.1.
(7)	1971 c. 78 s.90(6)(part); 1977 c. 29 s.1.
(8)	1971 c. 78 s.90(9); 1977 c. 29 s.1.
185	1971 c. 78 s.276(5); 1981 c. 41 Sch.para. 24.
186(1) to (5)	1971 c. 78 s.177; 1977 c. 29 s.2.
(6),(7)	1971 c. 78 s.179.
187(1)	1971 c. 78 s.90(7).
(2)	1971 c. 78 s.90(7); 1986 c. 63 Sch.11 para. 13
(3)	1971 c. 78 s.90(8).
188(1)	1971 c. 78 s.92A(1); 1981 c. 41 Sch.para. 6; 1985 c. 51 s.3(4).
(2)	1971 c. 78 s.92A(3); 1981 c. 41 Sch.para. 6; 1985 c. 51 Sch.17.
(3)	1971 c. 78 s.92A(4); 1981 c. 41 Sch.para. 6.
189(1) to (3)	1971 c. 78 s.108(1) to (3); 1981 c. 36 s.11.
(4),(5)	1971 c. 78 s.108(6),(7); 1981 c. 36 s.11.
190(1)	1971 c. 78 s.108(4)(part); 1981 c. 36 s.11.
(2)	1971 c. 78 s.108(4)(part),(5)(part); 1981 c. 36 s.11.
(3)	1971 c. 78 s.108(4) (part); 1981 c. 36 s.11.
(4)	1971 c. 78 s.111; R 17.
(5)	1971 c. 78 s.108(4)(part); 1981 c. 36 s.11.
191	1971 c. 78 s.94(1)
192(1) to (3)	1971 c. 78 s.94(2).
(4)	1971 c. 78 s.94(7); 1981 c. 41 Sch.para. 8.
(5)	1971 c. 78 s.95(1)(part).
(6)	1971 c. 78 Sch.14 para. 6(part).
193(1)	1971 c. 78 s.94(6); 1971 c. 78 Sch.14 para. 1.
(2),(3)	1971 c. 78 Sch.14 para. 3(1).
(4)	1971 c. 78 Sch.14 para. 3(2); R 18.
(5)	1971 c. 78 Sch.14 para. 3(2)(part); 1982 c. 48 ss.46,74.
(6)	1971 c. 78 s.94(8).
(7)	1971 c. 78 s.94(8)(part); 1980 c. 43 s.32;1982 c. 48 ss.46,74.
194(1)	1971 c. 78 ss.94(4), 95(1) (part).
(2)	1971 c. 78 s.94(3).
(3)	1971 c. 78 Sch.14 para. 4(a),(b).
(4)	1971 c. 78 Sch.14 para. 4(c).
(5),(6)	1971 c. 78 Sch.14 para. 2.
195(1)	1971 c. 78 ss.94(5),95(2).
(2)	1971 c. 78 s.95(2).
(3)	1971 c. 78 s.95(2)(b).
(4)	1971 c. 78 s.94(8); Sch.14 para 3(1).
(5)	R 8(a).
(6)	1971 c. 78 s.95(7).
196(1)	1971 c. 78 s.95(4).
(2)	1971 c. 78 Sch.14 para. 5.
(3)	1971 c. 78 s.95(5).
(4)	1971 c. 78 Sch.14 para. 6(part).
(5)	1971 c. 78 s.95(3).
(6),(7)	1971 c. 78 s.95(6).
197	1971 c. 78 s.59.
198(1)	1971 c. 78 s.60(1); 1980 c. 65 Sch.15 para. 13(1)(a), (2).
(2)	1971 c. 78 s.60(1)
(3)	1971 c. 78 s.60(1); 1974 c. 32 s.10(1).
(4)	1971 c. 78 ss.60(2), 191(1).
(5)	1971 c. 78 s.60(3).
(6)	1971 c. 78 s.60(6); 1974 c. 32 s.10(2)(a).
(7)	1971 c. 78 s.60(10); 1986 c. 63 Sch.12 Pt II.
199(1)	1971 c. 78 s.60(4); 1980 c. 65 Sch.15 para. 13(1)(c).
(2)	1971 c. 78 s.60(5).
(3)	1971 c. 78 s.60(5); 1980 c. 65 Sch.15 para. 13(1)(d), (2), Sch.34 Pt X.
200(1)	1971 c. 78 s.60(7).
(2)	1971 c. 78 s.60(7); 1978 c. 30 s.17(2)(a).
(3)	1971 c. 78 s.60(8); 1978 c. 30 s.17(2)(a).
(4)	1971 c. 78 s.60(7),(9); 1978 c. 30 s.17(2)(a).
201(1)	1971 c. 78 s.61(1).
(2)	1971 c. 78 s.61(2); 1980 c. 65 Sch.15 para. 14, Sch.34 Pt X.
202(1),(2)	1971 c. 78 s.276(1),(2)(c); 1974 c. 7 s.35, Sch.6 para. 25(12).
(3)	1971 c. 78 s.276(3).
203	1971 c. 78 s.174.
204(1)(a)	1971 c. 78 s.175(1).
(b)	1971 c. 78 s.175(2); 1978 c. 30 s.17(2)(a).
(2) to (4)	1971 c. 78 s.175(2) to (4).
205	1971 c. 78 s.179.
206(1),(2)	1971 c. 78 s.62(1); 1974 c. 32 s.10(2)(b); 1985 c. 52 s.1(2).
(3)	1971 c. 78 s.62(1A);1985 c. 51 s.1(3).
(4)	1971 c. 78 s.62(2).
(5)	1971 c. 78 s.62(3)(part).
207(1),(2)	1971 c. 78 s.103(1).
(3),(4)	1971 c. 78 s.103(2).
(5)	1971 c. 78 s.62(3)(part).
208(1),(2)	1971 c. 78 s.103(3); 1981 c. 41 Sch. para. 12.
(3)	1971 c. 78 s.103(3A); 1981 c. 41 Sch. para. 12.
(4)	1971 c. 78 s.103(3B); 1981 c. 41 Sch. para. 12.
(5)	1971 c. 78 s.103(3C); 1981 c. 41 Sch. para. 12.
(6)	1971 c. 78 s.103(3D); 1981 c. 41 Sch. para. 12.
(7)	1971 c. 78 s.103(3E); 1981 c. 41 Sch. para. 12.
(8)	1971 c. 78 s.103(3F); 1981 c. 41 Sch. para. 12.
(9)	1971 c. 78 s.103(4).
(10)	1971 c. 78 s.110(2).
209(1)	1971 c. 78 ss.103(5), 91(1); 1981 c. 41 Sch. para. 4(a); 1972 c. 70 Sch.16 paras. 29, 52.
(2)	1971 c. 78 ss.103(5), 91(2); 1981 c. 41 Sch. para. 4(b) (i), (ii).
(3), (4)	1971 c. 78 ss.91(3),(4), 103(5); 1974 c. 7 Sch.8.
(5)	1971 c. 78 ss.91(5), 103(5).
(6)	1971 c. 78 s.111.
210(1)	1971 c. 78 s.102(1); 1974 c. 32 s.10(3).
(2)	1971 c. 78 s.102(1); 1974 c. 32 s.10(3); 1980 c. 43 ss.32(9), 143(1).
(3)	1971 c. 78 s.102(1)(b); 1974 c. 32 s.10(3).
(4)	1971 c. 78 s.102(2); 1974 c. 32 s.10(4); 1982 (c. 48) s.46(1).
(5)	1971 c. 78 s.102(3), 1974 c. 32 s.10(5).
211(1) to (3)	1971 c. 78 s.61A(1) to (3); 1974 c. 32 s.8.
(4)	1971 c. 78 s.102(4); 1974 c. 32 s.10(6).
212(1)	1971 c. 78 s.61A(4); 1974 c. 32 s.8.
(2), (3)	1971 c. 78 s.61A(5); 1974 c. 32 s.8.
(4)	1971 c. 78 s.61A(6); 1974 c. 32 s.8.
213(1),(2)	1971 c. 78 s.61A(8); 1974 c. 32 s.8.
(3)	1971 c. 78 s.61A(9); 1974 c. 32 s.8.
214	1971 c. 78 s.61A(7); 1974 c. 32 s. 8.
215(1),(2)	1971 c. 78 s.65(1),(2); 1986 c. 63 s.46.
(3),(4)	1971 c. 78 s.65(3); 1986 c. 63 s.46.
216(1)	1971 c. 78 s.104(1); 1981 c. 41 Sch. para. 13.
(2)	1971 c. 78 s.104(2); 1981 c. 41 Sch. para. 13; 1982 c. 48 ss.38, 46
(3)	1971 c. 78 s.104(3); 1981 c. 41 Sch. para. 13.
(4)	1971 c. 78 s.104(4)(5); 1981 c. 41 Sch. para. 13.
(5)	1971 c. 78 s.104(6); 1981 c. 41 Sch. para 13.
(6)	1971 c. 78 s.104(7); 1981 c. 41 Sch. para. 13; 1986 c. 63 s.49(1), Sch.11 para. 13.
(7)	1971 c. 78 s.104(8); 1981 c. 41 Sch. para. 13.
217(1)	1971 c. 78 s.105(1); 1986 c. 63 s.49, Sch.11 para. 20.
(2) to (5)	1971 c. 78 s.105(2) to (5).
(6)	1971 c. 78 s.110(2).
218	1971 c. 78 s.106; 1981 c. 41 Sch. para. 14.
219(1)	1971 c. 78 s.107(1); 1981 c. 41 Sch. para. 15.
(2)	1971 c. 78 s.107(2); 1981 c. 41 Sch. para. 15.
(3) to (5)	1971 c. 78 s.107(3).
(6)	1971 c. 78 s.111.
220(1),(2)	1971 c. 78 s.63(1),(2).
(3)	1971 c. 78 ss.63(2)(c), 191(1).
(4)	1971 c. 78 s.63(7).
(5)	1971 c. 78 s.63(7); R 19.
221(1)	1971 c. 78 s.63(3); 1974 c. 32 s.3(1); 1986 c. 63 s.45.
(2)	1971 c. 78 s.63(3A); 1986 c. 63 s.45.
(3),(4)	1971 c. 78 s.63(3B); 1986 c. 63 s.45.
(5)	1971 c. 78 s.63(4).
(6)	1971 c. 78 s.63(5).
(7) to (9)	1971 c. 78 s.63(6).
222	1971 c. 78 s.64.
223(1)	1971 c. 78 s.176.
(2)	1971 c. 78 s.179(1); 1981 c. 36 s.17.
(3)	1971 c. 78 s.179(2).
224(1),(2)	1971 c. 78 s.109(1).
(3)	1971 c. 78 s.109(2); 1981 c. 41 Sch. para 16; 1982 c. 48 s.46; 1986 c. 63 s.49(1), Sch.11 para. 13.
(4),(5)	1971 c. 78 s.109(3).
225(1)	1971 c. 78 s.109A(1),(6); 1982 c. 30 s.36(a).
(2)	1971 c. 78 s.109A(2); 1982 c. 30 s.36(a).
(3)	1971 c. 78 s.109A(3),(6); 1982 c. 30 s.36(a).
(4),(5)	1971 c. 78 s.109A(4),(5).
226(1) to (4)	1971 c. 78 s.112(1)(1A) to (1C); 1980 c. 65 s.91(1).
(5)	1971 c. 78 s.112(2).
(6)	1971 c. 78 s.112(3); 1972 c. 70 s. 179(3), Sch. 30.
(7)	1971 c. 78 s.112(4); 1981 c. 67 Sch. 6 Pt. I; 1981 c. 67 Sch. 4 para. 1.
(8)	1971 c. 78 s.112(5); 1972 c. 70 s. 179(3), Sch. 30.
227(1)	1971 c. 78 s.119(1)(a); 1972 c. 70 s. 179(3), Sch. 30.
(2)	1971 c. 78 s.119(3).
228(1)	1971 c. 78 s.113(1); 1980 c. 65 s.122(2).
(2)	1980 c. 65 s.122(1).
(3)	1971 c. 78 s.113(2).
(4)	1971 c. 78 s.113(2) (proviso); 1981 c. 67 Sch. 4 para. 1.
(5),(6)	1980 c. 65 s.122(3).
(7)	1971 c. 78 s.113(3); 1981 c. 67 Sch. 4 para. 1, Sch. 6 Pt. I.
229(1)	1971 c. 78 s.121(1).
(2)	1971 c. 78 s.121(1); 1980 c. 65 Sch. 34 Pt. XIII.
(3)	1971 c. 78 s.121(2); 1981 c. 67 Sch. 4, para. 21(6).
(4) to (6)	1971 c. 78 s.121(4) to (6).
230	1971 c. 78 s.120.
231(1)	1971 c. 78 s.276(6)(a); 1972 c. 70 s. 179.
(2)	1971 c. 78 s.276(6)(b).
(3)	1971 c. 78 s.276(7).
232(1)	1971 c. 78 s.122(1).
(2) to (4)	1971 c. 78 s.122(2)(2A)(2B); 1980 c. 65 Sch. 23 para. 10.
(5),(6)	1971 c. 78 s.122(4),(5); 1972 c. 70 s.272(2).
233(1) to (4)	1971 c. 78 s.123(1),(2),(2A); 1980 c. 65 Sch. 23 para. 11,Sch. 34, Part XIII.
(5) to (7)	1971 c. 78 s.123(7).
(8)	1971 c. 78 s.123(9); 1972 c. 70 s.272(2).
234	1980 c. 65 s.122(6).
235(1)	1971 c. 78 s.124(1), (5).
(2)	1971 c. 78 s.124(2).
(3)	1971 c. 78 s.124(1), (5).
(4)	1971 c. 78 s.124(6); 1974 c. 7 s.35, Sch. 6 para. 25(9).
(5)	1971 c. 78 s.124(6) (proviso), (7).
(6)	1971 c. 78 s.124(8); 1972 c. 5 Sch. 3; 1982 c. 52 s.19(1), Sch. 2 para. 7(2).
236(1)	1971 c. 78 s.118(1).
(2)	1971 c. 78 s.118(2); 1984 c. 12 Sch. 4 para. 53(3).
(3) to (5)	1971 c. 78 s.118(3) to (5).
237(1),(2)	1971 c. 78 s.127(1),(2).
(3)	1971 c. 78 s.127(1) (proviso); 1984 c. 12 Sch. 4 para. 53(4).
(4)	1971 c. 78 s.127(3).
(5),(6)	1971 c. 78 s.127(4).
(7)	1971 c. 78 s.127(5).
238(1),(2)	1971 c. 78 s.128(1) (part).
(3),(4)	1971 c. 78 s.128(2).
(5)	1971 c. 78 s.128(3).
(6)	1971 c. 78 s.128(7) (part).
239(1),(2)	1971 c. 78 s.128(4).
(3)	1971 c. 78 s.128(7) (part).
240(1),(2)	1971 c. 78 s.128(5), (6).
(3)	1971 c. 78 s.128(8), (1) (part).
241	1971 c. 78 s.129.
242	1971 c. 78 s.130; 1973 c. 26 Sch. 3; 1978 c. 30 s.17(2)(a); 1989 c. 42 Sch.11 para 19.
243(1)	1971 c. 78 s.131(1).
(2),(3)	1971 c. 78 s.131(2)
(4)	1971 c. 78 s.131(3).
244(1)	1980 c. 65 s.119(1); 1982 c. 30 s.35(a).
(2)	1980 c. 65 s.119(2); 1982 c. 30 s.35(b).
(3)	1980 c. 65 s.119(3); 1982 c. 30 s.35(c)
(4)	1980 c. 65 s.119(4); 1982 c. 30 s.35(d).
245(1)	1971 c. 78 s.132(1); 1981 c. 67 Sch. 4 para. 21(7)(a).
(2)	1971 c. 78 s.132(2); 1981 c. 67 Sch. 4 para. 21(7)(b).
(3)	1971 c. 78 s.132(3); 1981 c. 67 Sch. 4 para. 21(7)(c).
(4)	1971 c. 78 s.132(4).
246	1971 c. 78 s.133.
247(1)	1971 c. 78 s.209(1); 1980 c. 65 Sch. 32 para. 18(4).
(2)	1971 c. 78 s.209(2)(part).
(3)	1971 c. 78 s.209(2); 1972 c. 70 Sch. 16 para. 39; 1980 c. 66 Sch. 24 para. 20; 1985 c. 51 Sch. 4 para. 50(a), Sch. 17.
(4)	1971 c. 78 s.209(3).
(5)	1971 c. 78 s.209(4).
(6)	1971 c. 78 s.209(5); 1981 c. 67 Sch. 4 para. 21(8).
248(1),(2)	1971 c. 78 s.211(1).
(3)	1971 c. 78 s.211(2); R 20.
249(1)	1971 c. 78 s.212(1); 1974 c. 7 Sch. 8.
(2)	1971 c. 78 s.212(2); 1972 c. 70 Sch.16 paras. 41(1),(2),52.
(3)	1971 c. 78 s.212(3); 1972 c. 70 Sch.16 paras.41(1),(3),52.
(4)	1971 c. 78 s.212(3).
(5)	1971 c. 78 s.212(4).
(6)	1971 c. 78 s.212(8).
(7)	1971 c. 78 s.212(8A); 1982 c. 30 Sch.5 para. 2.
(8)	1971 c. 78 s.212(2),(8); 1972 c. 70 Sch.16 paras. 41(1),(5),52.
(9)	1971 c. 78 s.212(9).
250(1),(2)	1971 c. 75 s.212(5); 1972 c. 70 Sch.16 paras.41(4),52.
(3)	1971 c. 78 s.212(6); 1972 c. 70 Sch.16 paras.41(4),52.
(4) to (7)	1971 c. 78 ss.212(7), 178, 179; 1972 c. 70 Sch.16 paras.41(4),52.
251(1)	1971 c. 78 s.214(1)(a).
(2)	1971 c. 78 s.214(2).
(3)	1971 c. 78 s.214(3); 1988 c. 4 Sch.3 para. 22.
252(1)	1971 c. 78 s.215(1).
(2)	1971 c. 78 s.215(2)(a), (7A)(part); 1986 c. 44 Sch.7 para. 2(2)(c); 1989 c. 15 Sch.25 para 42(1).
(3)	1971 c. 78 s.215(2)(b).
(4),(5)	1971 c. 78 s.215(3).
(6)	1971 c. 78 s.215(4).
(7)	R 21.
(8)	1971 c. 78 s.215(5).
(9)	1971 c. 78 s.215(6).
(10),(11)	1971 c. 78 s.215(7).
(12)	1971 c. 78 s.215(7A) (part),(8); 1972 c. 70 s.179(3); 1985 c. 51 Sch.14 para. 48(a), Sch.17; 1988 c. 40 Sch.13; 1988 c. 50 Sch.17 para. 18; 1989 c. 15 Sch.25 para 42(1); 1989 c. 29 Sch.16 para 2(5)(b).
253(1)	1971 c. 78 s.216(1)
(2)	1971 c. 78 s.216(2); 1987 c. 3 Sch.1 para. 19.
(3)	1971 c. 78 s.216(3).
(4)	1971 c. 78 s.216(4); 1972 c. 70 Sch.30; 1985 c. 51, Sch.4 para. 50(b); 1988 c. 40 Sch.12 para 40.
(5)	1971 c. 78 s.216(5).
254(1)	1971 c. 78 s.218(1); R 22.
(2)	1971 c. 78 s.218(2); 1981 c. 67 Sch.4 para. 1, Sch.6 Pt.I.
255	1971 c. 78 s.219.
256(1),(2)	1971 c. 78 s.220(1); 1984 c. 12 Sch.4 para. 53(7).
(3),(4)	1971 c. 78 s.220(2); 1984 c. 12 Sch.4 para. 53(7).
(5)	1971 c. 78 s.220(6); 1984 c. 12 Sch.4 para. 53(7).
(6)	1971 c. 78 s.220(7); 1984 c. 12 Sch.4 para. 53(7).
257(1) to (3)	1971 c. 78 s.210(1) to (3).
(4)	1971 c. 78 s.210(4); 1972 c. 70 Sch.16 para. 40.
258(1)	1971 c. 78 s.214(1).
(2)	1971 c. 78 s.214(2).
(3)	1971 c. 78 s.214(3); 1988 c. 4 Sch.3 para. 22.
259	1971 c. 78 s.217.
260(1)	1971 c. 78 s.220(3)(part),(4);1984 c. 12 Sch.4 para. 53(7).
(2)	1971 c. 78 s.220(4)(part); 1984 c. 12 Sch.4 para. 53(7), drafting.
(3)	1971 c. 78 s.220(3)(a); 1984 c. 12 Sch.4 para 53(7).
(4)	1971 c. 78 s.220(3)(b); 1984 c. 12 Sch.4 para. 53(7).
(5)	1971 c. 78 s.220(3)(c); 1984 c. 12 Sch.4 para. 53(7).
(6)	1971 c. 78 s.220(3)(d); 1984 c. 12 Sch.4 para. 53(7).
(7)	1971 c. 78 s.220 (3)(e); 1984 c. 12 Sch.4 para. 53(7).
(8)	1971 c. 78 s.220(5); 1984 c. 12 Sch.4 para. 53(7).
(9)	1971 c. 78 s.220(6),(7); 1984 c. 12 Sch.4 para. 53(7).
261(1)	1951 c. 60 s.32(1); 1971 c. 78 s.221(1), (3).
(2)	1951 c. 60 s.32(1); 1971 c. 78 s.221(1),(3).
(3)	1951 c. 60 s.32(2); 1971 c. 78 s.221(1),(3).
(4)	1951 c. 60 s.32(3); 1971 c. 78 s.221(2),(3).
(5)	1958 c. 69 s.13(5) 1986 c. 63 Sch.8 para. 4.
262(1)	1971 c. 78 s.290(1); 1986 c. 31 Sch.2 para. 1(1); 1986 c. 44 Sch.9; 1989 c. 15 Sch.25 para. 42(3); 1989 c. 29 Sch.18.
(2)	1971 c. 78 s.290(1); 1986 c. 31 Sch.2 para. 1(1).
(3) to (5)	1969 c. 48 Sch.4 para. 93(1)(xxxiii), (4)(ii); 1980 c. 65 Sch.33 para. 12; 1981 c. 38 Sch.3 para. 10(2)(c); 1982 c. 16 Sch.2 paras.4, 5(c); 1986 c. 44 Sch.7 para. 2(1); 1986 c. 63 Sch.7 para. 9; 1989 c. 15 Sch.25 para. 1(2).
(6), (7)	1989 c. 29 Sch.16 paras. 1(1)(xxii), (xxiv), (xxv), 2(2)(c), (4)(c).
263(1),(2)	1971 c. 78 s.222.
(3), (4)	1969 c. 48 Sch.4 para. 93(4); 1982 c. 16 Sch.2 para 5, Sch.13 Part III para. 1.
264(1)	1971 c. 78 s.223(1).
(2)	1971 c. 78 s.223(1)(part), (2)(part); 1969 c. 48 Sch.4 para. 89(1).
(3)	1971 c. 78 s.223(2)(a).
(4)	1971 c. 78 s.223(2)(b); 1984 c. 32 Sch.6 para. 9; 1986 c. 44; Sch.7 para. 12; 1986 c. 31 Sch.4 para. 1; 1989 c. 15 Sch.25 para. 42(2).
(5), (6)	1971 c. 78 s.223(3).
(7)	1969 c. 48 Sch.4 para. 89(2).
(8)	1982 c. 16 Sch.2 para. 6(1).
265(1)	1971 c. 78 s.224(1); 1986 c. 31 Sch. 2 para. 1(2), Sch.6; 1986 c. 44 Sch.7 para 2(1); 1989 c. 15 Sch.27.
(2)	1986 c. 44 Sch.7 para. 2(9); 1989 c. 29 Sch.16 para. 3(1)(d).
(3)	1989 c. 15 Sch.25 para. 1(9),(10).
(4)	1971 c. 78 s.224(2).
266(1)	1971 c. 78 s.225(1); 1981 c. 41 Sch. para. 17.
(2)	1971 c. 78 s.225(2).
(3)	1971 c. 78 s.225(3).
(4)	1971 c. 78 s.225(5).
(5)	1982 c. 16 Sch.2 para. 6(2).
267	1971 c. 78 s.225(4).
268(1)	1971 c. 78 s.226(1).
(2)	1971 c. 78 s.226(1).
(3)	1971 c. 78 ss.40(3), 226(2).
269	1971 c. 78 s.227; R 23.
270	1971 c. 78 s.228; R 23; R 24.
271(1), (2)	1971 c. 78 s.230(1).
(3)	1971 c. 78 s.230(2).
(4)	1971 c. 78 s.230(3).
(5)	1971 c. 78 s.230(4).
(6)	1971 c. 78 s.230(5).
(7)	1971 c. 78 s.230(6).
(8)	1971 c. 78 s.230(1)(part).
272(1)	1971 c. 78 s.230(1),(7); 1984 c. 12 Sch.4 para. 53(9).
(2)	1971 c. 78 s.230(1),(7); 1984 c. 12 Sch.4 para. 53(9).
(3)	1971 c. 78 s.230(2),(7); 1984 c. 12 Sch.4 para. 53(9).
(4)	1971 c. 78 s.230(3),(7); 1984 c. 12 Sch.4 para. 53(9).
(5)	1971 c. 78 s.230(4),(7); 1984 c. 12 Sch.4 para. 53(9).
(6)	1971 c. 78 s.230(5),(7); 1984 c. 12 Sch.4 para. 53(9).
(7)	1971 c. 78 s.230(6), (7); 1984 c. 12 Sch.4 para. 53(9).
(8)	1971 c. 78 s.230(1)(part),(7); 1984 c. 12 Sch.4 para. 53(9).
273(1) to (6)	1971 c. 78 s.232(1) to (6).
(7),(8)	1971 c. 78 s.232(7); 1984 c. 12 s.109, Sch.4 para. 53(10).
274	1971 c. 78 ss.231, 230(7); 1984 c. 12 Sch. 4 para. 53(9)
275	1971 c. 78 s.233.
276(1), (2)	1971 c. 78 s.234(1).
(3)	1971 c. 78 s.234(2).
277(1), (2)	1971 c. 78 s.235(1),(2).
(3),(4)	1971 c. 78 s.235(3).
(5)	1971 c. 78 s.235(4).
(6)	1971 c. 78 s.235(5).
(7)	1971 c. 78 s.235(6).
(8)	1971 c. 78 s.235(7).
278(1) to (5)	1971 c. 78 s.236(1) to (5).
(6),(7)	1971 c. 78 s.236(6).
(8),(9)	1971 c. 78 s.236(7).
(10)	1971 c. 78 s.236(8).
(11)	1971 c. 78 s.236(2) proviso.
279(1)	1971 c. 78 s.237(1).
(2)	1971 c. 78 s.237(2).
(3)	1971 c. 78 ss.230(7), 237(2); 1984 c. 12 Sch.4 para. 53(9).
(4)	1971 c. 78 s.237(3).
(5),(6)	1971 c. 78 s.237(4).
(7)	1971 c. 78 s.237(5); 1986 c. 63 Sch.12 Pt.III.
280(1)	1971 c. 78 ss.238(1), 230(7); 1981 c. 36 Sch.1 para. 7; 1984 c. 12 Sch.4 para. 53(9).
(2), (3)	1971 c. 78 s.238(2); 1984 c. 12, Sch.4 para. 53(9).
(4), (5)	1971 c. 78 s.238(3); 1984 c. 12 Sch.4 para. 53(9).
(6)	1971 c. 78 s.238(4).
(7)	1971 c. 78 s.238(5).
(8)	1971 c. 78 s.238(6); 1981 c. 67 Sch.4 para. 21(9).
281(1),(2)	1971 c. 78 s.239(1).
(3)	1971 c. 78 s.239(2).
(4)	1971 c. 78 s.239(3).
282	1971 c. 78 s.240.
283	1971 c. 78 s.241.
284(1)	1971 c. 78 s.242(1); 1985 c. 51 Sch.1 para. 16(3); 1986 c. 63 Sch.6 Pt.II para. 4.
(2)	1971 c. 78 s.242(2); 1981 c. 36 Sch.1 para. 8
(3)	1971 c. 78 s.242(3); 1982 c. 30 Sch.6 para. 7(b).
(4)	1971 c. 78 s.242(4).
285(1)	1971 c. 78 s.243(1); 1981 c. 41 Sch.para. 18(1).
(2)	1971 c. 78 s.243(2); 1981 c. 41 Sch.para. 18(2).
(3)	1971 c. 78 s.243(3).
(4)	1971 c. 78 s.243(4).
(5),(6)	1971 c. 78 s.243(5).
286(1)	1972 c. 70 Sch.16 paras.51(1),54(6).
(2)	1972 c. 70 Sch.16 para. 51(2); 1981 c. 41 Sch.para. 28(d)
287(1)	1971 c. 78 s.244(1),(6); 1985 c. 51 Sch.1 para. 16(4).
(2)	1971 c. 78 s.244(2).
(3)	1971 c. 78 s.244(3) to (7); 1986 c. 63 Sch.6 Pt.II para. 5.
(4)	1971 c. 78 s.244(1) (part).
(5)	1971 c. 78 s.244(1),(3) to (7); 1986 c. 63 Sch.6 Pt.II para. 5; R 25(a).
(6)	1971 c. 78 s.244(7)(a); 1986 c. 63 Sch.6 Pt.II para. 5.
288(1)	1971 c. 78 s.245(1).
(2)	1971 c. 78 s.245(2).
(3)	1971 c. 78 s.245(1)(2); R 25(b).
(4)	1971 c. 78 s.245(3)
(5),(6)	1971 c. 78 s.245(4).
(7)	1971 c. 78 s.245(5).
(8)	1971 c. 78 s.245(6).
(9)	1971 c. 78 s.245(7).
(10)	1971 c. 78 s.245(7); 1972 c. 70 Sch.16 para. 46; R 26.
289(1)	1971 c. 78 s.246(1); 1981 c. 41 Sch. para. 19.
(2)	1971 c. 78 s.246(1A); 1981 c. 41 Sch. para. 19.
(3)	1971 c. 78 s.246(2).
(4)	1971 c. 78 s.246(2); 1981 c. 54 Sch.5.
(5)	1971 c. 78 s.246(3).
(6)	1971 c. 78 s.246(4); 1977 c. 38 Sch.5 Pt.IV.
(7)	1971 c. 78 s.246(5).
290	1971 c. 78 s.247; R 8(b).
291	1971 c. 78 s.248.
292	1971 c. 78 s.249.
293(1) to (3)	1971 c. 78 ss.266(7), 268(4); 1984 c. 10 s.6(1), (2)
(4)	1984 c. 10 s.4(1).
294(1)	1971 c. 78 s.266(3); 1981 c. 41 Sch. para 20(b).
(2)	1984 c. 10 s.3(1).
(3)	1984 c. 10 s.3(2).
(4)	1984 c. 10 s.3(3).
(5)	1984 c. 10 s.3(4).
(6), (7)	1984 c. 10 s.3(5).
295(1), (2)	1984 c. 10 s.3(6).
(3), (4)	1984 c. 10 s.3(7).
(5),(6)	1984 c. 10 s.3(8).
296(1)	1971 c. 78 s.266(1); 1985 c. 51 Sch.1 para. 16(6).
(2)	1971 c. 78 s.266(2); 1981 c. 36 Sch.1 para. 9; 1981 c. 41 Sch. para. 20(a).
(3), (4)	1971 c. 78 s.266(5).
(5)	1971 c. 78 s.266(6).
297(1), (2)	1971 c. 78 s.267(1).
(3)	1971 c. 78 s.267(2).
(4)	1971 c. 78 s.267(3).
298	1971 c. 78 s.268.
299(1) to (5)	1984 c. 10 s.1(1) to (5).
(6)	1984 c. 10 s.1(7).
(7)	1984 c. 10 s.1(6)(part).
300(1)	1984 c. 10 s.2(1).
(2)	1984 c. 10. s.2(2).
(3), (4)	1984 c. 10 s.2(3).
(5)	1984 c. 10 s.2(4).
(6), (7)	1984 c. 10 s.2(5).
301(1) to (4)	1984 c. 10 s.5(1) to (4).
(5)	1984 c. 10 s.5(6).
302(1), (2)	1946 c. 35 ss.1(2), 7(6).
(3)	1946 c. 35 s.2(1) to (3).
(4)	1946 c. 35 s.4(1).
(5)	Drafting
(6)	1946 c. 35 ss.1(2), (3), (5), 2(1), 4(1), 7(1), (6); 1989 c. 43 Sch 2 para. 11.
(7)	1946 c. 35 s.7(3).
(8)	1946 c. 35 s.7(6).
303 (1)	1980 c. 65 s.87(1).
(2)	1980 c. 65 s.87(2)(a).
(3)	1980 c. 65 s.87(3).
(4)	1980 c. 65 s.87(4).
(5)	1980 c. 65 s.87(6).
304	1971 c. 78 s.253.
305	1971 c. 78 s.254.
306(1)	1971 c. 78 s.255(1); 1980 c. 66 Sch.24 para. 20(g)
(2)	1971 c. 78 s.255(2); 1985 c. 51 Sch.1 para. 16(5); R 27(a) and (b).
(3)	1971 c. 78 s.255(3).
(4)	1971 c. 78 s.255(4).
(5)	1971 c. 78 s.255(5).
307	1971 c. 78 s.256; 1972 c. 70 s. 179(3), Sch.30; 1980 c. 65 Sch.15 para. 22.
308(1),(2)	1971 c. 78 s.257(1),(2).
(3) to (6)	1971 c. 78 s.257(3) to (6).
309(1) to (5)	1971 c. 78 s.258(1) to (5).
(6),(7)	1971 c. 78 s.258(6).
310	1971 c. 78 s.259.
311	1971 c. 78 s.260.
312(1)	1971 c. 78 s.261(1).
(2)	1971 c. 78 s.261(4).
313	1971 c. 78 s.262; 1980 c. 65 s.87(7).
314	1971 c. 78 s.263(1); 1972 c. 70 Sch. 29 Pt. I para 3(b).
315(1)	1971 c. 78 s.264(1).
(2)	1971 c. 78 s.264(2)
(3)	1971 c. 78 s.264(1) to (3).
(4)	1971 c. 78 s.264(4); 1987 c. 3 Sch.1 para. 19.
(5)	1971 c. 78 s.264(4).
316(1)	1971 c. 78 s.270(1).
(2)	1971 c. 78 s.270(2); 1981 c. 41 Sch. para. 21.
(3)	1971 c. 78 s.270 (3).
(4)	1971 c. 78 s.272.
(5)	1980 c. 65 s.149(5); 1988 c. 50 s.67(5).
317(1), (2)	1971 c. 78 s.273(1); 1974 S.I./692 art.2(1), 5(3), Sch.1 Pt.I; 1987 c. 3 s.1, Sch.1 para. 19.
(3)	1971 c. 78 s.273(2).
318(1)	1971 c. 78 s.274(1); 1981 c. 41 Sch. para. 23; 1981 c. 67 Sch.4 para. 1.
(2)	1971 c. 78 s.274(2).
(3)	1971 c. 78 s.274(3).
(4)	1971 c. 78 s.274(4).
(5)	1971 c. 78 s.274(4).
(6)	1971 c. 78 s.274(5).
319(1)	1971 c. 78 s.269(1), (3); 1980 c. 65 Sch.15 para. 23(1); 1981 c. 36 s.18; 1984 c. 10 s.6(3).
(2)	1971 c. 78 s.269(2); 1972 c. 70 s. 179(3); 1982 c. 30 s.36(b).
(3)	1971 c. 78 s.269(3); 1972 c. 70 s. 179(3).
(4)	1971 c. 78 s.269(1), (3).
(5)	1971 c. 78 s.269(4).
320(1)	1971 c. 78 s.282(1).
(2)	1971 c. 78 s.282(2); 1986 c. 63 Sch.11 para. 8(1).
321(1)	1982 c. 21 s.1(5).
(2)	1982 c. 21 s.1(1).
(3)	1982 c. 21 s.1(2),(3).
(4)	1982 c. 21 s.1(4).
322	1971 c. 78 s.282A; 1986 c. 63 Sch.11 para. 9(1).
323	1971 c. 78 s.282B; 1986 c. 63 Sch.11 para. 10.
324(1)	1971 c. 78 s.280(1); 1981 c. 41 Sch.para. 25; 1985 c. 51 Sch.1 para. 16(7).
(2)	1971 c. 78 s.280(4).
(3)	1971 c. 78 s.280(4A); 1982 c. 30 s.36(c).
(4)	1971 c. 78 s.280(5).
(5)	1971 c. 78 s.280(6).
(6)	1971 c. 78 s.280(7).
(7)	1971 c. 78 s.280(8).
(8)	1971 c. 78 s.280(9).
(9)	1971 c. 78 s.280(10); 1985 c. 51 Sch.2 para. 1(16).
325(1)	1971 c. 78 s.281(1)
(2)	1971 c. 78 s.281(2); 1982 c. 48 s.46.
(3) to (5)	1971 c. 78 s.281(3).
(6)	1971 c. 78 s.281(4).
(7)	1971 c. 78 s.281(5).
(8)	1971 c. 78 s.281(6)(a).
(9)	1971 c. 78 s.281(6)(b).
326(1)	1971 c. 78 s.278(1).
(2)	1971 c. 78 s.278(2).
(3)	1971 c. 78 s.278(4).
(4)	1971 c. 78 s.278(5).
327(1)	1971 c. 78 s.279(1).
(2)	1971 c. 78 s.279(2)(a).
(3)	1971 c. 78 s.279(2)(b).
(4)	1971 c. 78 s.279(3).
(5)	1971 c. 78 ss.279(4); 258(5).
328(1)	1971 c. 78 s.275(1).
(2)	1971 c. 78 s.275(1).
329	1971 c. 78 s.283.
330(1)	1971 c. 78 s.284(1); 1977 c. 29 s.3(1),(2); 1981 c. 41 Sch. para. 26.
(2)	1971 c. 78 s.284(1A); 1977 c. 29 s.3(1),(3).
(3)	1971 c. 78 s.284(1)(part); 1977 c. 29 s.3(1),(2); 1981 c. 41 Sch. para. 26.
(4)	1971 c. 78 s.284(2); 1977 c. 29 s.3(4); 1982 c. 48 ss.38, 46.
(5)	1971 c. 78 s.284(3); 1977 c. 29 s.3(5); 1982 c. 48 s.74.
331	1971 c. 78 s.285.
332	1971 c. 78 s.286.
333(1)	1971 c. 78 s.287(1).
(2), (3)	1971 c. 78 s.287(2).
(4)	1971 c. 78 s.287(4); 1985 c. 51 s.103(1); 1986 c. 63 Sch.6 Pt.II para. 6(a), Sch.9 para. 5(2)(a), Sch.12 Pt.III.
(5)	1971 c. 78 s.287(5); 1985 c. 51 s.103(2); 1986 c. 63 Sch.6 Pt.II para. 6(b), Sch.9 para. 5(2)(b), Sch.12 Pt.III.
(6)	1971 c. 78 s.287(6).
(7)	1971 c. 78 s.287(3).
334	1971 c. 78 s.288.
335	1971 c. 78 s.289.
336(1)	1971 c. 78 ss. 264(1A), 290(1); 1972 c. 70 s. 179(3), Sch.30; 1977 S.I./293 art.4(4); 1980 c. 65 Sch.32 para. 18(5); 1980 c. 66 Sch.24 para. 20(h); 1981 c. 36 s.1(2), Sch.1 para. 11; 1985 c. 51 Sch.1 para. 16(8), Sch.17; 1986 c. 63 Sch.6 Pt.II para. 7, Sch.7 Pt.I para. 7, Sch.12 Pt.III; 1988 c. 4 Sch.3 para. 25; 1989 c. 15 Sch.25 paras.1(11)(ii), 42(3); 1990 SI/776 Sch.3 para. 15; R 28.
(2), (3)	1971 c. 78 s.290(2).
(4)	1971 c. 78 s.290(3).
(5)	1971 c. 78 s.290(4).
(6)	1971 c. 78 s.290(5)(part).
(7)	1971 c. 78 s.290(6); 1989 c. 34 s.2.
(8)	1971 c. 78 s.290(7).
(9)	1971 c. 78 s.290(8).
(10)	1971 c. 78 ss.40(4) 181(5), 182(5), 280(10)(c), 284(4); 1988 c. 4 Sch.3 paras. 11,19,20,23,24,25.
337	—
Sch. 1 para. 1	1972 c. 70 Sch. 16 paras. 32, 32A; 1980 c. 65 s.86(4), Sch. 34 Pt X; 1981 c. 36 s.2(1), Sch para 12.
para. 2	1972 c. 70 s.183(1).
para. 3	1972 c. 70 Sch. 16 para. 15; 1980 c. 65 s.86(1), Sch. 34 Pt X.
para. 4	1972 c. 70 Sch. 16 para. 16.
para. 5(1)	1972 c. 70 Sch. 16 para. 17; 1980 c. 66 Sch. 24 para. 22; 1986 c. 63 Sch. 11 para. 2(2).
(2),(3)	1980 c. 65 s.150.
para. 6	1972 c. 70 Sch. 16 para. 18.
para. 7	1972 c. 70 Sch. 16 para. 19; 1980 c. 65 s.86(2),(3); 1986 c. 63 Sch. 11 para. 23(3); R 29.
para. 8	1972 c. 70 Sch. 16 para. 20; 1986 SI/452.
para. 9(1)	1971 c. 78 s.24A(6); 1986 c. 63 s.25(1).
(2)	1971 c. 78 Sch.8A para. 5(6); 1986 c. 63 s.25(2).
(3)	1971 c. 78 Sch.8A para. 6(6); 1986 c. 63 s.25(2).
para. 10	1972 c. 70 Sch. 16 para. 23.
para. 11	1972 c. 70 Sch. 16 para. 24; 1981 c. 36 s.2(4)(c); 1981 c. 41 Sch. para. 28(a).
para. 12	1972 c. 70 Sch. 16 para. 29; 1978 c. 30 s.17(2)(a); 1981 c. 41 Sch. para. 28(b).
para. 13	1971 c. 78 s.60(1A); 1972 c. 70 Sch. 16 para. 27; 1980 c. 65 Sch.15 para 13; R 2.
para. 14	1971 c. 78 ss.61A(3),(7), 65(4), 109A; 1972 c. 70 Sch. 16 para. 25 (part); 1980 c. 65 Sch. 34 Pt X; 1986 c. 63 s.46.
para. 15	1972 c. 70 Sch. 16 para. 26.
para. 16	1972 c. 70 Sch. 16 paras. 34, 38.
para. 17	1972 c. 70 Sch. 16 para. 35.
para. 18	1972 c. 70 Sch. 16 para. 36.
para. 19	1972 c. 70 Sch. 16 para. 54(1) to (5); 1985 c. 51 s.3(5), Sch. 3 para. 4.
para. 20	1972 c. 70 Sch. 16 paras. 45,47 (part); 1971 c. 78 s.52(4).
para. 21	1972 c. 70 Sch. 16 para. 52.
Sch. 2 Pt.I para. 1	1985 c. 51 Sch. 1 para. 18 (part), drafting.
para. 2	1985 c. 51 Sch. 1 para. 19; 1971 c. 78 Sch. 4 para. 5.
para. 3(1)	1971 c. 78 Sch.23 Pt.I; 1985 c. 51 Sch. 1 para. 20(1), (2); 1986 c. 63 Sch. 11 para. 27(1), (2).
(2)	1985 c. 51 Sch. 1 para. 20(2A); 1986 c. 63 Sch. 11 para. 27(1), (3).
(3)	1985 c. 51 Sch. 1 para. 20(3A); 1986 c. 63 Sch. 11 para. 27(1), (4) (part).
(4)	1985 c. 51 Sch. 1 para. 20(4).
(5)	R 30.
para. 4(1),(2)	1985 c. 51 Sch. 1 para. 21(1)
(3)	1985 c. 51 Sch. 1 para. 21(2)
para. 5	1985 c. 51 Sch. 1 para. 22
para. 6	1985 c. 51 Sch. 1 para. 23(3)
Sch. 2 Pt. II, para. 1	1971 c. 78 Sch.4 para. 5(1); 1985 c. 51 Sch. 1 para. 18.
para. 2	1985 c. 51 Sch. 1 para. 19
para. 3(1)	1971 c. 78 Sch. 4 para. 7, Sch. 23 Pt.I; 1985 c. 51 Sch. 1 para. 20(1), (2); 1986 c. 63 Sch. 11 para. 27(1), (2)
(2)	1971 c. 78 Sch. 4 para. 2; 1972 c. 42 Sch. 1; 1985 c. 51 Sch.1 para. 20(2).
(3)	1971 c. 78 Sch. 4 para. 5(1); 1985 c. 51 Sch. 1 para. 20, drafting.
(4)	1981 c. 51 Sch. 1 para. 20(4).
(5)	R 30.
para. 4(1)	1971 c. 78 Sch. 4 para. 8(3); 1972 c. 42 Sch. 1
(2)	1971 c. 78 Sch. 4 para. 8(5); 1972 c. 42 Sch. 1
para. 5(1)	1971 c. 78 Sch. 4 paras. 5(3), 8(1); 1972 c. 42 Sch. 1
(2)	1971 c. 78 Sch. 4 para. 9(1)(b); 1972 c. 42 Sch. 1
(3)	1971 c. 78 Sch. 4 para. 9(3); 1972 c. 42 Sch. 1
para. 6	1971 c. 78 Sch. 4 para. 10; 1972 c. 42 Sch. 1
para. 7(1)	1971 c. 78 Sch. 4 para. 11(1); 1972 c. 42 Sch. 1; 1972 c. 70 Sch. 30
(2)	1971 c. 78 Sch. 4 para. 11(2); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1)
(3)	1971 c. 78 Sch. 4 para. 11(3); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1)
(4),(5)	1971 c. 78 Sch. 4 para. 11(4),(5); 1972 c. 42 Sch. 1
para. 8(1)	1971 c. 78 Sch. 4 para. 12(1); 1972 c. 42 Sch. 1
(2)	1971 c. 78 Sch. 4 para. 12(2)(part); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1)
(3)	1971 c. 78 Sch. 4 para. 12(3); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1)
para. 9(1)	1971 c. 78 s.13(1); 1972 c. 70 s.272(2)
(2)	1971 c. 78 s.13(2)
(3)	1971 c. 78 s.13(3); 1980 c. 65 Sch. 14 para. 9
para. 10	1971 c. 78 s.14 Sch.4 para. 14; 1980 c. 65 Sch. 14 para. 10.
para. 11(1)	1971 c. 78 Sch. 4 para. 14(2); 1972 c. 42 Sch. 1; 1972 c. 70 Sch. 30
(2)	1971 c. 78 Sch. 4 para. 14(3); 1972 c. 42 Sch. 1
para. 12(1),(2)	1971 c. 78 s.15(1),(2)
(3)	1985 c. 51 Sch. 1 para. 20(3); 1986 c. 63 Sch. 11 para. 27(4)
(4)	1971 c. 78 s.15(3), Sch. 4 para. 16(1); 1972 c. 42 s.3(3), Sch. 1; 1972 c. 70 Sch. 30.
para. 13(1)	1972 c. 70 Sch. 16 para. 10(1); 1986 c. 63 Sch. 12 Pt. III
(2)	1972 c. 70 Sch. 16 para. 10(2) (as it applies in London); 1986 c. 63 Sch. 12 Pt. III
(3)	1972 c. 70 Sch. 16 para. 14(3)
(4),(5)	1972 c. 70 Sch. 16 para. 14(5),(6)
para. 14	1972 c. 70 Sch. 16 para. 11(1) (as it applies in London).
para. 15	1972 c. 70 Sch. 16 para. 12; 1986 c. 63 Sch. 12 Pt. III
para. 16	1972 c. 70 Sch. 16 para. 13; R 6.
para. 17(1),(2)	1985 c. 51 Sch. 1 para. 21(1)
(3)	1985 c. 51 Sch. 1 para. 21(2)
para. 18	1985 c. 51 Sch. 1 para. 22
Sch. 2 Pt. III, para. 1	Drafting
para. 2	1971 c. 78 Sch. 7 para. 2; 1980 c. 66 Sch. 24 para. 20(j)
para. 3	1971 c. 78 Sch. 4 para 5, Sch. 7 para. 3; 1980 c. 65 Sch. 14 para. 14
para. 4	1971 c. 78 Sch. 7 para. 4.
para. 5	1971 c. 78 Sch. 7 para. 5
para. 6	1971 c. 78 Sch. 7 para. 5A; 1980 c. 65 Sch. 14 para. 15(1)
para. 7	1971 c. 78 Sch. 7 para. 5B; 1980 c. 65 Sch. 14 para. 15(1)
para. 8	1971 c. 78 Sch. 7 para. 5C; 1980 c. 65 Sch. 14 para. 15(1)
para. 9	1971 c. 78 Sch. 7 para. 6
para. 10	1971 c. 78 Sch. 7 para. 7; 1980 c. 65 Sch. 14 para. 15(2); 1985 c. 51 Sch. 17
Sch. 3 para. 1	1971 c. 78 Sch. 8 para. 1 (part)
para. 2	1971 c. 78 Sch. 8 para. 2.
para. 3	1971 c. 78 Sch. 8 para. 3 (part)
para. 4 to 8	1971 c. 78 Sch. 8 paras. 4 to 8.
para. 9	1971 c. 78 Sch. 8 para. 10.
para. 10(1)	1971 c. 78 Sch. 8 para. 9.
(2)	1971 c. 78 Sch. 8 paras. 1 (part), 3 (part).
paras. 11 to 13	1971 c. 78 Sch. 8 paras. 11 to 13.
para. 14(1)	1971 c. 78 s.180(3).
(2)	1971 c. 78 s.278(2), (3).
Sch. 4 paras. 1 to 3	1971 c. 78 s.23(2) to (4).
para. 4	1971 c. 78 s.23(7).
Sch. 5 para. 1	1971 c. 78 s.44A; 1981 c. 36 s.7; 1982 SI/86.
para. 2	1971 c. 78 s.30A(1) to (8), (19) (part); 1981 c. 36 s.5.
para. 3	1971 c. 78 s.30A(9) to (12), (19); 1981 c. 36 s.5.
para. 4	1971 c. 78 s.30A(13) to (16), (19); 1981 c. 36 s.5.
para. 5	1971 c. 78 s.30A(17); 1981 c. 36 s.5.
para. 6	1971 c. 78 s.30A(18); 1981 c. 36 s.5.
para. 7	1971 c. 78 s.45(6); 1981 c. 36 s.8.
para. 8	1971 c. 78 s.45(7); 1981 c. 36 s.8.
Sch. 6 para. 1	1971 c. 78 Sch. 9 para. 1.
para. 2	1971 c. 78 Sch. 9 para. 2; 1981 c. 41 Sch. para. 27.
para. 3	1971 c. 78 Sch. 9 para. 3.
para. 4	1971 c. 78 Sch. 9 para. 3A; 1986 c. 63 Sch. 11 para. 11.
para. 5	1971 c. 78 Sch. 9 para. 4.
para. 6	1971 c. 78 Sch. 9 para. 5; 1972 c. 70 s.272(2); 1986 c. 63 Sch. 11 paras. 8(2), 9(2), 12.
para. 7	1971 c. 78 Sch.9 para. 6.
para. 8	1971 c. 78 Sch. 9 para. 7.
Sch. 7 para. 1	1971 c. 78 Sch.8A para. 1; 1986 c. 63 s.25(2).
para. 2	1971 c. 78 Sch.8A para. 2(2); 1986 c. 63 s.25(2).
para. 3,4	1971 c. 78 Sch.8A paras. 3,4; 1986 c. 63 s.25(2).
para. 5	1971 c. 78 Sch.8A para. 5(1) to (5); 1986 c. 63 s.25(2).
para. 6	1971 c. 78 Sch.8A para. 6(1) to (5); 1986 c. 63 s.25(2).
paras. 7 to 12	1971 c. 78 Sch.8A paras. 7 to 12; 1986 c. 63 s.25(2).
para. 13(1),(2)	1971 c. 78 Sch.8A para. 13(1),(2); 1986 c. 63 s.25(2); R 31.
(3)	1971 c. 78 Sch.8A para. 13(3); 1978 c. 30 Sch.1; 1986 c. 63 s.25(2).
(4)	1971 c. 78 Sch.8A para. 13(4); 1986 c. 63 s.25(2).
Sch. 8 para. 1	1971 c. 78 s.47(2) to (4),(6).
para. 2	1971 c. 78 s.48(3) to (5).
para. 3.	1971 c. 78 s.48(6),(7).
para. 4.	1971 c. 78 s.49(1),(2),(7).
para. 5	1971 c. 78 s.49(3) to (6); 1972 c. 70 s.272(2).
para. 6.	1971 c. 78 Sch.10 para. 1.
para. 7.	1971 c. 78 Sch.10 para. 2.
Sch. 9 para. 1	1971 c. 78 s.51(1) to (1C),(2) to (9); 1981 c. 36 s.9.
para. 2	1971 c. 78 s.51(1D) to (1H); 1981 c. 36 s.9.
para. 3	1971 c. 78 s.51A(1) to (7); 1981 c. 36 s.10.
para. 4	1971 c. 78 s.51A(8) to (11); 1981 c. 36 s.10.
para. 5	1971 c. 78 s.51B(1) to (4); 1981 c. 36 s.10.
para. 6	1971 c. 78 s.51B(5); 1981 c. 36 s.10.
para. 7	1971 c. 78 s.51C; 1981 c. 36 s.10.
para. 8	1971 c. 78 s.51D; 1981 c. 36 s.10.
para. 9	1971 c. 78 s.51E; 1981 c. 36 s.10.
para. 10	1971 c. 78 s.51F; 1981 c. 36 s.10.
para. 11	1971 c. 78 s.276(1) to (4); 1974 c. 7 Sch. 6 para. 25(12), Sch. 8; 1981 c. 36 Sch. 1 para. 10; R 9.
Sch. 10	1971 c. 78 Sch. 18.
Sch. 11 para. 1	1971 c. 78 s.178A; 1981 c. 36 s.16; 1981 c. 36 Sch. 1 paras. 4 to 6.
para. 2	1971 c. 78 s.164A(1); 1981 c. 36 s.13.
para. 3	1971 c. 78 s.170B(1); 1981 c. 36 s.15.
para. 4	1971 c. 78 s.164A(2)(b) to (4); 1981 c. 36 s.13; 1982 SI/86.
para. 5	1971 c. 78 s.170B(2); 1981 c. 36 s.15.
para. 6	1971 c. 78 s.170B(3); 1981 c. 36 s.15.
para. 7	1971 c. 78 s.170B(4); 1981 c. 36 s.15.
para. 8	1971 c. 78 s.170B(5); 1981 c. 36 s.15.
para. 9	1971 c. 78 s.170B(6); 1981 c. 36 s.15.
para. 10	1971 c. 78 s.178C(1),(2); 1981 c. 36 s.16.
para. 11	1971 c. 78 s.178C(3); 1981 c. 36 s.16.
para. 12	1971 c. 78 s.178B; 1981 c. 36 s.16.
para. 13	1971 c. 78 s.179(1) (part); 1981 c. 36 s.17.
Sch. 12 para. 1	1971 c. 78 s.135.
para. 2	1971 c. 78 s.136.
para. 3	1971 c. 78 s.137.
para. 4	1971 c. 78 s.138, Sch. 15 para. 29 (part).
para. 5	1971 c. 78 Sch. 15 paras. 2 to 5.
para. 6	1971 c. 78 Sch. 15 para. 1.
para. 7	1971 c. 78 Sch. 15 paras. 6 to 10.
para. 8	1971 c. 78 Sch. 15 paras. 11 to 16.
para. 9	1971 c. 78 Sch. 15 paras. 17 to 22.
para. 10	1971 c. 78 Sch. 15 paras. 23 to 25.
para. 11	1971 c. 78 Sch. 15 paras. 26 to 28, 29 (part).
para. 12	1971 c. 78 s.139.
para. 13	1971 c. 78 ss.140, 161.
para. 14	1971 c. 78 s.141.
para. 15	1971 c. 78 Sch. 16.
para. 16	1971 c. 78 s.142.
para. 17	1971 c. 78 Sch. 17.
para. 18	1971 c. 78 s.143.
para. 19	1971 c. 78 s.144.
para. 20	1971 c. 78 s.145.
Sch. 13 para. 1	1971 c. 78 s.192(1)(a); 1984 c. 12 Sch.4 para. 53(6); 1987 c. 3 Sch.1 para. 19.
Notes (1)	1973 c. 26 s.68(1); R 32(a).
(2)	1973 c. 26 s.68(4); R 32(a).
(3)	1973 c. 26 s.68(5) (part).
(4)	1973 c. 26 s.68(7) (part).
(5)	1971 c. 78 s.192(2).
(6)	1973 c. 26 s.71(2).
(7)	1971 c. 78 Sch. 4 para. 5; 1973 c. 26 s.68(8); 1985 c. 51, Sch. 1 para. 20(2).
para. 2	1971 c. 78 s.192(1)(b).
Notes (1)	1973 c. 26 s.68(2), (9); R 32(b).
(2)	1973 c. 26 s.68(4) (part); R 32(b).
(3)	1973 c. 26 s.68(5) (part)(9).
(4)	1973 c. 26 s.68(7) (part).
(5)	1973 c. 26 s.68(8).
para. 3	1971 c. 78 s.192(1)(bb); 1985 c. 51 Sch.1 para. 16(1).
Notes (1)	1985 c. 51 Sch.1 para. 17(1) (part); R 32(c).
(2)	1985 c. 51 Sch.1 para. 17(2) (part).
(3)	1985 c. 51 Sch.1 para. 17(3) (part).
(4)	1985 c. 51 Sch.1 para. 17(5) (part).
para. 4	1971 c. 78 s.192(1)(bc); 1985 c. 51 Sch.1 para. 16(1).
Notes (1)	1985 c. 51 Sch.1 para. 17(1) (part); R 32(c).
(2)	1985 c. 51 Sch.1 para. 17(2) (part).
(3)	1985 c. 51 Sch.1 para. 17(3) (part).
(4)	1985 c. 51 Sch.1 para. 17(5) (part).
para. 5	1973 c. 26 s.71(1)(a).
para. 6	1973 c. 26 s.71(1)(b).
para. 7	1973 c. 26 s.72(1)(a); 1981 c. 64 Sch.12 para. 11.
Note	1973 c. 26 s.72(2).
para. 8	1973 c. 26 s.72(1)(b); 1981 c. 64 Sch.12 para. 11.
para. 9	1980 c. 65 s.147(1).
Note	1980 c. 65 s.147(2).
para. 10	1973 c. 26 s.73(1)(a); 1985 c. 71 Sch.2 para. 24(8).
para. 11	1973 c. 26 s.73(1)(b); 1985 c. 71 Sch.2 para. 24(8).
para. 12	1971 c. 78 s.192(1)(ha); 1989 c. 42 Sch.11 para. 20.
para. 13	1971 c. 78 s.192(1)(c).
para. 14	1971 c. 78 s.192(1)(d); 1980 c. 66 Sch.24 para. 20.
Notes (1)	1973 c. 26 s.69(1)(a); 1980 c. 66 Sch.24 para. 23.
(2)	1973 c. 26 s.69(2).
(3)	1973 c. 26 s.74(1); 1980 c. 66 Sch.24 para. 23.
para. 15	1971 c. 78 s.192(1)(e).
para. 16	1971 c. 78 s.192(1)(f).
para. 17	1973 c. 26 s.74(2)(a); 1980 c. 66 Sch.24 para. 23.
para. 18	1973 c. 26 s.74(2)(b).
para. 19	1973 c. 26 s.76(1); 1980 c. 66 Sch.24 para. 23.
Note	1973 c. 26 s.76(4).
para. 20	1971 c. 78 s.192(1)(h); 1985 c. 71 Sch.2 para. 22.
para. 21	1971 c. 78 s.192(1)(i).
para. 22	1971 c. 78 s.192(1)(g), (j); 1973 c. 26 s.75(1),(2).
Notes (1)	1973 c. 26 s.70(1); 1978 c. 30 s.17(2)(a).
(2)	1973 c. 26 s.70(2).
Sch. 14 para 1	1971 c. 78 Sch.20 para 1; 1981 c. 69 Sch.16 para. 1; 1985 c. 51 Sch.14 para. 48.
para 2	1971 c. 78 Sch.20 para. 2.
para 3	1971 c. 78 Sch.20 para. 3.
para 4	1971 c. 78 Sch.20 para. 3A; 1981 c. 69 Sch.16 paras. 2,10.
para 5	1971 c. 78 Sch.20 para. 4.
para 6	1971 c. 78 Sch.20 para 5.
para 7	1971 c. 78 Sch.20 para. 6; 1981 c. 69 Sch.16 paras. 3, 10; R 33.
para 8	1971 c. 78 Sch.20 para. 7, 1981 c. 69 Sch.16 paras. 4,10.
Sch. 15 para. 1	Drafting
para 2	1946 c. 35 s.2(4),(5).
para. 3	1946 c. 35 s.2(6).
para. 4	1946 c. 35 s.2(7) (part).
para. 5	1946 c. 35 s.2(2),(3).
para. 6	1946 c. 35 s.2(8) (part), (7) (part).
para. 7	1946 c. 35 s.2(8) (part).
para. 8	1946 c. 35 s.2(9) (part).
para. 9	1946 c. 35 s.2(9) proviso.
para. 10	1946 c. 35 s.2(10).
para. 11	1946 c. 35 s.2(11).
para. 12	1946 c. 35 s.2(12).
para. 13	1946 c. 35 s.3(1),(7).
para. 14	1946 c. 35 s.5.
para. 15	1946 c. 35 s.6.
para. 16	Drafting.
Sch. 16	1971 c. 78 Sch. 21.
Sch. 17	1971 c. 78 Sch. 22; 1980 c. 66 Sch.24 para. 20(k),(l),(m); 1985 c. 51 Sch.4 para. 50.