SCHEDULES

Section 236

SCHEDULE 12E+W+SApplication of Act to Scotland: modifications

1E+W+SSection 5(10) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).

Commencement Information

I1Sch. 12 para. 1 in force at 6.4.2009 for S. by S.I. 2009/400, art. 4(c)

2E+W+SSection 14 applies as if—

(a)in subsection (1)—

(i)the words “any of the following” were omitted, and

(ii)paragraphs (a) to (f) and (h) to (p) were omitted, and

(b)in subsection (2) for “sections 15 to 30” there were substituted “ section 21 ”.

3E+W+SSection 32 applies as if—

(a)in subsection (1)—

(i)the reference to TCPA 1990 were a reference to section 26 of the Town and Country Planning (Scotland) Act 1997, and

(ii)the words “This is subject to subsections (2) and (3).” were omitted, and

(b)subsections (2) to (4) were omitted.

4E+W+SSection 33 applies as if—

(a)in subsection (1)—

[F1(i)for “none of the following is” there were substituted “the following are not”, and]

(ii)paragraphs (b) and (d) to (j) were omitted, F2...

(b)[F3paragraphs (a) to (c) of subsection (2), and subsections (3) and (4),] were omitted[F4, and

(c)in subsection (7) “Act” includes an Act of the Scottish Parliament.]

Textual Amendments

F1Sch. 12 para. 4(a)(i) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2Word in Sch. 12 para. 4(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(b), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7

F3Words in Sch. 12 para. 4(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4Sch. 12 para. 4(c) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(d), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

5E+W+SSection 44 applies as if—

(a)in subsection (2)(b), the words from “or” to the end were omitted,

(b)in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19), and

(c)in subsection (6)—

(i)for paragraph (a) there were substituted—

“(a)a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)”, and

(ii)in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56).

6E+W+SSection 52 applies as if—

(a)in subsection (2)(c), the words from “or” to the end were omitted,

(b)in subsection (3)(b)—

(i)the reference to a freeholder were a reference to an owner, and

(ii)the reference to a mortgagee were a reference to a heritable creditor, F5...

(c)in subsection (11), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19).

[F6(d)in subsection (14) for paragraph (a) there were substituted—

“(a)a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42);”, and

(e)in subsection (14)(b) the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973.]

Textual Amendments

F5Word in Sch. 12 para. 6(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)

F6Sch. 12 para. 6(d)(e) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

7E+W+SSection 53 applies as if—

[F7(za)in subsection (1A), the reference to an Act included an Act of the Scottish Parliament,]

(a)in subsection (7), the reference to chattels were a reference to moveable property,

(b)in subsection (8), the reference to the [F8Upper Tribunal were] a reference to the Lands Tribunal for Scotland, and

(c)in subsection (11), in the definition of “statutory undertakers”, the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).

Textual Amendments

F7Sch. 12 para. 7(za) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

8E+W+SSection 57 applies as if—

(a)in subsection (2)(b), the words from “or” to the end were omitted,

(b)in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and

(c)in subsection (6)—

(i)for paragraph (a) there were substituted—

“(a)a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)”, and

(ii)in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56).

9E+W+SSection 58 applies as if—

(a)for subsection (6) there were substituted—

“(6)Summary proceedings relating to an offence under this section may be commenced regardless of when the contravention occurred.”, and

(b)in subsection (7), the reference to section 127 of the Magistrates' Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

[F99AE+W+SSection 102B applies as if—

(a)in subsection (2)(b), the words from “or” to the end were omitted,

(b)in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and

(c)in subsection (5)—

(i)for paragraph (a) there were substituted—

“(a)a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947”; and

(ii)in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973.]

Textual Amendments

10E+W+SSection 120(6) applies as if the references to an Act included references to an Act of the Scottish Parliament.

11E+W+SSection 127(8) applies as if, for the definition of “statutory undertakers” there were substituted—

““statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 and also includes the undertakers—

(a)which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;

(b)which are statutory undertakers for the purposes of paragraphs 9 and 10 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (see paragraph 10A of that Schedule).”

12E+W+SSection 128(5) applies as if—

(a)in the definition of “local authority”, the reference to section 7(1) of the Acquisition of Land Act 1981 (c. 67) were a reference to section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and

(b)for the definition of “statutory undertakers” there were substituted—

““statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 (c. 8) and also includes the undertakers—

(a)which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;

(b)which are statutory undertakers for the purposes of paragraphs 9 and 10 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (see paragraph 10A of that Schedule);”.

13E+W+SSection 129(2) applies as if—

(a)in the definition of “local authority”, the reference to section 17(4) of the Acquisition of Land Act 1981 were a reference to section 2 of the Local Government etc. (Scotland) Act 1994, and

(b)for the definition of “statutory undertakers” there were substituted—

““statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 and also includes the undertakers which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;”.

14E+W+SSection 130 applies as if—

(a)in subsection (4), the references to section 21 of the National Trust Act 1907 (c. cxxxvi) and section 8 of the National Trust Act 1939 (c. lxxxvi) were references to section 22 of the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii), and

(b)in subsection (5), for the definition of “the National Trust” there were substituted—

““the National Trust” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii)”.

15E+W+SSection 131 applies as if—

(a)in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “ or open space ”, and

(b)in subsection (12), for the words from “common” to “1981” there were substituted—

““common” includes any town or village green;

“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;”.”

16E+W+SSection 132 applies as if—

(a)in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “ or open space ”, and

(b)in subsection (12), for the words from “common” to “1981” there were substituted—

““common” and “open space” have the same meanings as in section 131 (as modified by paragraph 15 of Schedule 12);”.”

17E+W+SSection 134 applies as if—

(a)for subsection (4) there were substituted—

“(4)This subsection applies to—

(a)an owner, lessee, tenant (whatever the tenancy period) or occupier of the order land,

(b)a person known by the prospective purchaser (after diligent inquiry)—

(i)to be interested in the order land, or

(ii)to have power to sell and convey the order land,

(c)a person who, if the order were fully implemented, the prospective purchaser thinks would or might be entitled—

(i)as a result of the implementing of the order,

(ii)as a result of the order's having been implemented, or

(iii)as a result of use of the order land once the order has been implemented,

to make a relevant claim.

(4A)In subsection (4)(c) “relevant claim” means a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42).

(4B)An expression that appears in subsection (4)(b) of this section and also in section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) has in subsection (4)(b) the meaning that it has in section 17 of that Act.”, and

(b)in subsection (7)(d) the words “only in accordance with section 118” were omitted.

18E+W+SSection 137(7) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).

19E+W+SSection 151 applies as if—

(a)for paragraph (c), there were substituted—

“(c)section 10 of the Water (Scotland) Act 1980 (compensation for damage resulting from exercise of statutory powers)”, and

(b)paragraph (d) were omitted.

20E+W+SSection 152 applies as if—

(a)in subsection (4), the reference to the [F10Upper Tribunal were] a reference to the Lands Tribunal for Scotland,

(b)for subsections (5) and (6) there were substituted—

“(5)Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 (which makes the construction of the railway subject to that Act and the Lands Clauses Consolidation (Scotland) Act 1845) applies in relation to authorised works as it applies in relation to the construction of a railway.

(6)Any rule or principle applied to the construction of section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 must be applied to the construction of subsection (3) of this section (with any necessary modifications).”, and

(c)in subsection (7)—

(i)the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973, and

(ii)in paragraph (c), for “17” there were substituted “ 15 ”.

Textual Amendments

21E+W+SSection 164 applies as if the references to a justice of the peace were references to a sheriff.

22E+W+SSection 165 applies as if—

(a)in subsection (4), the reference to chattels were a reference to moveable property,

(b)in subsection (5), the reference to the[F11Upper Tribunal were]a reference to the Lands Tribunal for Scotland, and

(c)in subsection (6), the reference to [F12section] 4 of the Land Compensation Act 1961 (c. 33) were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (c. 51).

Textual Amendments

23E+W+SSection 170 applies as if—

(a)in subsection (3)—

(i)for the words from “the”, where it first occurs, to “(c.49)” there were substituted “ subsections (5) to (9) of section 135 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (which relate to the execution and cost of certain works) ”, and

(ii)the words from “section 276” to the end were omitted,

(b)in subsection (4), for “section 289” there were substituted “ subsection (5) of section 135 ”, and

(c)subsection (5) were omitted.

24E+W+SSection 171 applies as if—

(a)the references to an injunction were references to an interdict, and

(b)in subsection (4), the references to the High Court and a county court were references to the Court of Session and the sheriff.

25E+W+SSection 229(5) applies as if the reference to section 233 of the Local Government Act 1972 (c. 70) were a reference to section 192 of the Local Government (Scotland) Act 1973 (c. 65).

26E+W+SSection 235 applies as if—

(a)for the definition of “building” there were substituted—

““building” has the meaning given by section 277(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8);”,

(b)for the definition of “land” there were substituted—

““land” includes land covered with water and any building (as defined in section 277(1) of the Town and Country Planning (Scotland) Act 1997) and in relation to Part 7 must be read in accordance with section 159;”,

(c)for the definition of “local planning authority” there were substituted—

““local planning authority” means a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997;”,

(d)in the definition of “planning permission”, the reference to Part 3 of TCPA 1990 were a reference to Part 3 of the Town and Country Planning (Scotland) Act 1997, and

(e)in the definition of “use”, the reference to section 336(1) of TCPA 1990 were a reference to section 277(1) of the Town and Country Planning (Scotland) Act 1997.

27E+W+SPart 1 of Schedule 5 applies as if paragraphs 4 to 6, 8, 9, 16 to 32 [F13, 32B(1)(a), (b) and (d)] and 38 were omitted.

Textual Amendments