PART VI Miscellaneous and Supplementary Provisions

69 Interpretation
(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—
" the Act of 1953 " means the Town and Country Planning Act, 1953 ;
" claim holding " has the meaning assigned to it by section two of this Act;
" compensation calculated on the basis of equivalent reinstatement " means compensation calculated in accordance with Rule (5) of the Rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919;
" compensation calculated on the basis of prevailing use " means compensation with respect to the calculation of which any of the following provisions applies, that is to say, subsection (5) of section seventy-nine, subsection (4) of section eighty-one, the said subsection (4) as applied by regulations made under section eighty-six, or subsection (4) of section eighty-two, of the principal Act;
" compensation on the basis of existing use " means compensation with respect to the assessment of which the following provisions apply, that is to say, the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as modified by sections forty-eight, fifty and fifty-one of the principal Act, not being compensation calculated on the basis of equivalent reinstatement or on the basis of prevailing use and excluding any compensation for disturbance or for severance or injurious affection;
" compulsory acquisition " does not include the vesting in a person by an Act of Parliament of property previously vested in some other person ;
" established claim " and " claim area " have the meanings assigned to them by section one of this Act;
" new development " has the meaning assigned to it by section sixteen of this Act;
" planning decision " has the meaning assigned to it by section sixteen of this Act;
" prescribed " means prescribed by regulations under this Act;
" previous apportionment " in relation to an apportionment for any of the purposes of this Act means an apportionment made before the apportionment in question, being—
(a) an apportionment for any of the purposes of this Act as made, confirmed or varied by the Lands Tribunal on a reference thereto ; or
(b) an apportionment for any of the purposes of this Act which might have been referred to the Lands Tribunal by virtue of any provision of this Act but in the case of which the time for such a reference has expired without its being so referred, or which was so referred but in the case of which the reference was withdrawn before the Tribunal gave their decision thereon; or
(c) an apportionment made by or with the approval of the Central Land Board in connection with the approval by the Board of an assignation of part of the benefit of an established claim under subsection (2) of section two of the Act of 1953 ;
" principal Act " means the Town and Country Planning (Scotland) Act, 1947;
" public authority possessing compulsory purchase powers ", in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:
Provided that in relation to any such transaction to which an executive council or a joint committee constituted by virtue of section thirty-two of the National Health Service (Scotland) Act, 1947, are a party in the exercise of their statutory functions, the said expression shall be construed as including that council or joint committee.
" unexpended balance of established development value " means an amount ascertained in accordance with sections seventeen and eighteen, and "original unexpended balance of established development value " has the meaning assigned to it by section seventeen of this Act ;
" valuable consideration " does not include marriage or a nominal consideration;
" will " includes a codicil.
(2) Subject to the preceding subsection, and except where the context otherwise requires, expressions used in this Act and in the principal Act have the same meanings in this Act as in that Act.
(3) As respects references in this Act to planning decisions—
(a) where in consequence of any planning decision a purchase notice has been served under section seventeen of the principal Act and on consideration of that notice the Secretary of State has made any planning decision under that section, such references shall be construed as references to the last mentioned and not to the first mentioned decision;
(b) without prejudice to the preceding paragraph, in relation to a decision altered on appeal by the reversal or variation of the whole or any part thereof, such references shall be construed as references to the decision as so altered;
(c) without prejudice as aforesaid, in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;
(d) without prejudice as aforesaid, in relation to a decision given on an appeal made by virtue of subsection (3) of section fourteen of the principal Act in default of a decision by the local planning authority, such references shall be construed as references to the decision so given.
(4) For the purposes of this Act—
(a) the time of a planning decision by the Secretary of State such as is referred to in paragraph (a) of the last foregoing subsection shall be taken to be or to have been the time of the decision in consequence of which the purchase notice so referred to was served; and
(b) without prejudice to the preceding paragraph, the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or to have been the time of the decision as made by the local planning authority, whether or not that decision is or was altered on that appeal by the reversal or variation of the appeal or any part thereof, or, in the case of such a decision as is mentioned in paragraph (d) of the last preceding subsection, the time when by virtue of subsection (3) of section fourteen of the principal Act notification of a decision by the local planning authority is deemed to have been given.
(5) For the purposes of this Act a development charge—
(a) shall be deemed not to have been determined if the determination thereof ceased to have effect by virtue of subsection (2) of section seventy of the principal Act, or if, by virtue of subsection (1) of section one of the Act of 1953, the charge is not payable, or if any sum paid in respect of the charge became repayable under subsection (5) of section one of the Act of 1953 ;
(b) shall be deemed to have become payable notwithstanding any agreement of the Central Land Board to a postponement of the payment of the charge, if the whole or part of the charge would have been payable but for that agreement;
and references in this Act to a determination of the Central Land Board that a development charge was payable, or as to the amount of a development charge, shall, in a case where the Board subsequently varied their determination, be construed as references to that determination as so varied.
(6) References in this Act to the Lands Tribunal are references to the Lands Tribunal for Scotland:
Provided that until sections one to three of the Lands Tribunal Act, 1949, come into force as regards Scotland this subsection shall have effect as if for the reference to the Lands Tribunal for Scotland there were substituted a reference to an official arbiter appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and sections three, five and six of that Act shall apply, subject to any necessary modifications, in relation to the determination of any question, under this Act, by an arbiter so appointed.
(7) References in this Act to the local planning authority in relation to any land are references to the local planning authority for the district in which the land is situated.
(8) References in this Act to any other enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.
(9) Any reference in this Act to the dominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.
(10) Any reference in this Act to an assignation in security shall be construed as including a reference to an ex facie absolute assignation qualified as a security by a collateral agreement.