- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 05/11/1993
Point in time view as at 01/02/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Caravan Sites and Control of Development Act 1960, Section 32.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This Part of this Act shall apply to Scotland with the following modifications:—
(a)for any reference to the Minister there shall be substituted a reference to the Secretary of State;
(b)for any reference to the M1Act of 1947 there shall be substituted a reference to the Town and Country Planning (Scotland) Act 1947; and for any reference to any Part or section of the Act of 1947 specified in the first column of the following table there shall be substituted a reference to the Part or section of the Town and Country Planning (Scotland) Act 1947, specified in relation thereto in the second column of that table:—
Part or section of Act of 1947 | Part or section of Town and Country Planning (Scotland) Act, 1947 |
---|---|
Part III . . . | Part II |
Section twelve . . . | Section ten |
Section thirteen . . . | Section eleven |
Section sixteen . . . | Section fourteen |
Section twenty-three . . . | Section twenty-one |
Section twenty-six . . . | Section twenty-four |
(c)for any reference, in relation to any land, to a magistrates’ court acting for the petty sessions area in which the land is situated there shall be substituted a reference to the sheriff having jurisdiction in the place where the land is situated;
(d)any reference in subsection (3) of section one, or in section twelve, of this Act to a licence in relation to land (except in the expression “site licence”) shall be construed as a reference to a grant of any right or permission relating to the land but not amounting to an estate or interest therein;
(e)in section nine, for subsection (2) there shall be substituted the following subsections:—
“(2)Where a person convicted under this section for failing to comply with a condition attached to a site licence has on two or more previous occasions been convicted thereunder for failing to comply with a condition attached to that licence, the court before whom he is convicted may, if the court thinks fit, make an order for the revocation of the said site licence.
(2A)The holder of a site licence in respect of which an order is made under the last foregoing subsection may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction; and an order so made shall not come into force—
(a)until the expiration of the period of fourteen days commencing with the date on which the order was made or such longer or extended period so commencing as may be specified by the court either in the said order or subsequently from time to time on application in that behalf by the holder of the site licence; nor
(b)if an appeal against the order or the conviction which gave rise thereto is duly taken within the said period of fourteen days or, as the case may be, any longer or extended period specified under the foregoing paragraph, until the date when that appeal is determined or abandoned or deemed to have been abandoned.”
and, in subsection (3), for the reference to a simple contract debt there shall be substituted a reference to a civil debt;
(f)in section sixteen, in subsection (1), paragraph (c) shall be omitted;
(g)in section seventeen, in subsection (2), for the references to sections thirty-six and thirty-seven of the M2Town and Country Planning Act 1959, there shall be substituted references respectively to sections thirty-five and thirty-six of the Town and Country Planning (Scotland) Act 1959;
(h)in section twenty-four—
(i)in subsection (1), the words “within their area” shall be omitted;
(ii)in subsection (6), for the reference to the M3Acquisition of Land (Authorisation Procedure) Act 1946, there shall be substituted a reference to the M4Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and
[F1[F2(iii)in subsection (8), for the words from “includes the” onwards there shall be substituted the words “means a local authority within the meaning of the M5Local Government (Scotland) Act 1973 and a regional or district planning authority within the meaning of Part IX of that Act”]];
(i)in section twenty-six, any reference to a justice of the peace shall be construed as including a reference to a sheriff;
(j)in section twenty-seven in subsection (2), the words “and with the council of any county” shall be omitted;
(k)in section twenty-nine—
(i)in subsection (1), for the definition of “local authority” there shall be substituted the following definition:—
“”local authority’ means, [F3a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973];”
and the definition of “the Minister” shall be omitted;
(ii)subsections (5) shall be omitted;
(l)the following sections shall be omitted, that is to say, section twenty-three, section thirty and section thirty-one.
(2)On any appeal to the sheriff under section seven or section eight of this Act as modified by this section—
(a)the procedure (including rules as to expenses) shall be such as the Court of Session may by act of sederunt determine; and
(b)the decision of the sheriff shall be binding on all parties and shall be final:
Provided that the sheriff may at any stage of the proceedings on the appeal, and shall if so directed by the Court of Session, state a case for the decision of that Court on any question of law arising in connection with the appeal; and an appeal to the House of Lords shall lie, with the leave of the Court of Session or of the House of Lords, from any such decision of the Court of Session, which leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.
(3)Any reference in subsection (2) of section seven, or subsection (3) of section eight, of this Act to the period during which an appeal is pending shall include a reference to any period during which, by virtue of the proviso to the last foregoing subsection, any proceedings following on that appeal may be taken or are pending.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F1S. 32(1)(h)(iii) repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(2), Sch. 4 Pt. I
F2S. 32(1)(h)(iii) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 2(a)
F3Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 2(b)
F4S. 32(4) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19), s. 10, Sch. Pt. I
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: