1991 No. 2092 (C. 62) (S. 172)

ACQUISITION OF LAND
TOWN AND COUNTRY PLANNING, SCOTLAND

The Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991

Made

The Secretary of State, in exercise of the powers conferred on him by section 84(2) and (3) of the Planning and Compensation Act 1991(1) and all other powers enabling him in that behalf, hereby makes the following Order:

Citation1

This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991.

Interpretation2

In this Order–

  • “commencement date” means the 25th September 1991; and

  • “the 1991 Act” means the Planning and Compensation Act 1991.

Commencement3

Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991:–

  • section 47;

  • section 48;

  • section 50;

  • section 57 in so far as it relates to the provisions of Schedule 10 referred to below;

  • section 60(1), (4), (6), (7) and (8);

  • section 61 in so far as it relates to the provisions of Schedule 13 referred to below;

  • sections 71 to 76;

  • section 77;

  • section 78;

  • section 79;

  • section 80 in so far as it relates to the provisions of Schedule 18 referred to below;

  • section 84(6) in so far as it relates to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order;

  • Schedule 10 in so far as it relates to paragraphs 1 and 2;

  • Schedule 12;

  • Schedule 13 in so far as it relates to paragraphs 2, 5, 6, 7(a)(ii) and (iii) and (b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(i);

  • Schedule 16;

  • Schedule 17;

  • Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972(2) in Part I;

  • Schedule 19 in so far as it relates to the repeals in Part IV specified in Schedule 1 to this Order.

Cases where commencement limited4

–

1

The provisions of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified–

a

in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;

b

in relation to a compulsory purchase order made by a Minister, paragraph 3 of Schedule 1 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(3) as applied by paragraph 7(4) of that Schedule has been complied with;

c

in relation to a purchase notice within the meaning of Part IX of the Town and Country Planning (Scotland) Act 1972(4), the following events:–

i

in the case of a purchase notice served in accordance with section 169(1) of that Act, planning permission is refused or granted subject to conditions;

ii

in the case of a purchase notice served in accordance with section 177(1) of that Act, planning permission is revoked or modified by the imposition of conditions by way of an order under section 42 of the Act;

iii

in the case of a purchase notice served in accordance with section 178(1) of that Act, an order is made under section 49 of the Act;

d

in relation to a blight notice within the meaning of subsection (6) of section 181 of the said 1972 Act(5), the land falls within any of the descriptions set out at subsection (1) of that section.

2

A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.

3

In Part II of that Schedule, except where a contrary intention appears–

a

an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and

b

a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.

Ian LangOne of Her Majesty’s Principal Secretaries of StateSt Andrew’s House,Edinburgh

SCHEDULE 1REPEALS IN PART IV OF SCHEDULE 19 (REPEALS: SCOTLAND)

Article 3

SCOTLAND

Chapter

Short title

Extent of repeal

1963 c. 51

Land Compensation (Scotland) Act 1963

In section 12, in rule 3, the words “the special needs of a particular purchaser or”.

Section 23(4)(a) and (b).

Section 25(8).

Section 30(3).

1965 c. 36

Gas Act 1965

In Schedule 3, paragraph 3.

1968 c. 14

Public Expenditure and Receipts Act 1968

In Schedule 3, paragraph 7(a).

1972 c. 52

Town and Country Planning (Scotland) Act 1972

Section 19(5).

Section 35.

Section 36.

In section 58(2)(a), “35, 36,”.

In section 106, the words from “other than” to the end.

Part VII (except section 145).

In section 155(5), the words from “and subsection (5)” to the end.

In section 155(6), the words, “and in section 156 of this Act”.

Section 156.

Section 157(1).

In section 157(3), the words from “(a)” to “(b)” and, in the proviso, the words “paragraph (a) or”.

Section 157(4).

Section 158.

Section 160.

Section 169(3).

Section 231(3)(c).

In section 244(2), the words, from “sub-section (4)” to “applied by”.

Section 245.

In section 246, the words “or 245”.

Section 248.

In section 249, the words “Without prejudice to section 248 of this Act, and”.

Section 263.

Section 264

In section 265, subsection (5), the words “Part VII of”.

In section 275(1) the definitions of “new development” and “previous apportionment”.

In Schedule 6, paragraph 3 to 9 and 12.

In Part I of Schedule 19, “section 158 except subsection (5)”.

1973 c. 56

Land Compensation (Scotland) Act 1973

Section 5(3)(a) and (b).

In section 28, in subsection (1), the words “passed the resolution” in paragraph (ii), and the words “and” following

paragraph (iii); and subsection (5).

Section 31(6)

Section 48(9)(b).

1980 c. 65

Local Government, Planning and Land Act 1980

Section 114(2).

1982 c. 16

Civil Aviation Act 1982

In section 53(1)(a), the word “158”.

1986 c. 31

Airports Act 1986

In section 61(1)(a), the word “158”.

SCHEDULE 2CASES WHERE COMMENCEMENT LIMITED

Article 4

PART I

1

Section 73 (advance payments of compensation and interest).

2

Section 74 (planning assumptions in connection with acquisition of land by roads authorities).

3

Section 78 (time limit on validity of notice to treat).

4

Section 79 (further amendments relating to land compensation in Scotland) and Schedule 17 in so far as they relate to the following paragraphs of that Schedule:–

  • paragraphs 2 and 3 (local authority and statutory undertakers' land)

  • paragraph 5 (rules for assessment of compensation)

  • paragraph 6 (expenses in acquiring replacement land)

  • paragraph 14 (farm loss payments)

  • paragraph 15 (notice to quit agricultural holding; right to opt for notice of entry compensation)

  • paragraph 21 (advance payments of compensation and interest).

5

Section 80(1) (interest on compensation) and Schedule 18, Part I in so far as they relate to section 39(3) of the Land Compensation (Scotland) Act 19636.

6

Section 84(6) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 of section 12 of the Land Compensation (Scotland) Act 1963 and sections 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973(7).

PART II

Provision commenced

Cases in which provision has no effect if date before commencement date

1

Section 47(1) (power of planning authority to decline to determine applications)

1

The date the application is received.

2

Section 60(6) (repeals, minor and consequential amendments of compensation provisions of the Town and Country Planning (Scotland) 19728 Act and Schedule 12 in so far as they relate to the following paragraphs of that Schedule:

2.

1

Paragraphs 8, 9, 26, 27 and 31

1

The date a claim for compensation is duly made in accordance with section 143 of the Town and Country Planning (Scotland) Act 1972

2

Paragraphs 15(d) and 16

2

in a case where—

a

a notice under section 155 of that Act is given in consequence of an order under section 42 of that Act, the date of that order;

b

such notice is given in a case falling within section 154 of that Act, the date of the relevant planning decision refusing planning permission or granting it conditionally;

3

Section 61 (Planning minor and consequential amendments) and Schedule 13 in so far as they relate to paragraph 36 of that Schedule

3

The date a claim for compensation is duly made in accordance with section 143 of the Town and Country Planning (Scotland) Act 1972

4

Section 72 (home loss payments)

4

a

in a case where paragraph (a) or (b) of subsection (1) of section 27 of the Land Compensation (Scotland) Act 19739 applies the date the event mentioned in paragraph (a) or (b) occurs;

b

in a case where paragraph (c) or (d) of that subsection applies, the date the land is acquired (or as the case may be) appropriated;

c

in a case where paragraph (e) of that subsection applies the date when the occupants have been required to remove; and

d

in a case where paragraph (f) of that subsection applies the date when the proceedings for the order for recovery of possession mentioned in that paragraph are started.

5

Section 75 (certification of appropriate alternative development)

5

The date any of the circumstances mentioned in section 30(2) of the Land Compensation (Scotland) Act 196310 arises.

6

Section 79 (further amendments relating to land compensation) and Schedule 17 in so far as they relate to the following paragraphs of that Schedule:—

1

paragraphs 7 to 10 (certification of appropriate alternative development)

1

the date of the circumstances mentioned in section 30(2) of the Land Compensation (Scotland) Act 1963 arises;

2

paragraph 20 (home loss payments)

2

the relevant date shown in the entry in paragraph 4 of this column for section 72 of the 1991 Act.

7

Section 80(1) (interest on compensation) and Schedule 18 in so far as they relate to—

7.

1

Section 2 of the Land Drainage (Scotland) Act 193011

1

the date of application to the Sheriff for a warrant authorising the carrying out of work;

2

Section 1 of the Land Drainage (Scotland) Act 194112

2

the date on which the Secretary of State decides to proceed with execution of the works;

3

Section 4 of the land Drainage (Scotland) Act 195813

3

the date on which the Secretary of State makes the improvement order in accordance with the provisions of the said Act.

4

Section 10(4)(a) of the Forestry Act 196714

4

the date the application for a felling licence is refused;

5

section 153 of the Town and Country Planning (Scotland) Act 197215

5

the date of the order under section 42;

6

section 154 of that Act

6

the date the planning permission is refused or granted subject to conditions;

7

section 159 of that Act

7

the date of the order under section 49;

8

section 161 of that Act

8

the date of the order under paragraph 9 of Schedule 10;

9

section 162 of that Act

9

the date of the building preservation notice;

10

section 163 of that Act

10

the date the consent required by the tree preservation order is refused or granted subject to conditions;

11

section 164 of that Act

11

the date on which the requirement was imposed by the planning authority or the Secretary of State;

12

section 165 of that Act

12

the date the works are begun to be carried out;

13

section 166 of that Act

13

the date of the stop notice;

14

Section 167A of that Act

14

the date order made;

15

section 176 of that Act

15

the date of the purchase notice;

16

section 201(5) of that Act

16

the date of the order under section 201(2);

17

section 26(1) of that Act

17

the date of the decision made in accordance with section 214 or (as the case may be) of the order under section 42;

18

section 226(2) of that Act

18

the date of the notice under section 219(1);

19

section 18(1)(a) and (b) of the Reservoirs Act 197516

19

the date of the entry on the land;

20

section 7 of the Ancient Monuments and Archeological Areas Act 197917

20

the date the scheduled monument consent is refused or granted subject to conditions;

21

section 9 of that Act

21

the date the works cease to be authorised;

22

section 46 of that Act

22

the date of entry on the land.

23

section 10 of the Water (Scotland) Act 198018

23

the date of the exercise of the powers under the 1980 Act by either the district council or water authority or water development board;

24

Schedule 6 to that Act

24

the date of the order;

25

section 71(6) of the Roads (Scotland) Act 198419

25

the date the damage is suffered;

26

section 72 of that Act

26

the date the damage is suffered;

27

section 83(8) of that Act

27

the date of the notice;

28

section 88(2) of that Act

28

the date on which damage is sustained;

29

section 106 of that Act

29

as regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made;

30

section 116 of that Act

30

the date the damage is sustained;

31

section 121 of that Act

31

the date on which damage done or materials removed;

32

section 140 of that Act

32

the date on which the power under section 140 is exercised.

8

Section 84(6) and Schedule 19 in so far as they relate to the repeals in Part IV of that Schedule of or in—

8.

1

sections 25(8) and 30(3) of the Land Compensation (Scotland) Act 196320 (certification of appropriate alteration development)

1

the date any of the circumstances mentioned in section 30(2) arises;

2

sections 35, 36, 248 and 275(1) of the Town and Country Planning (Scotland) Act 197221

2

the date a claim for compensation is duly made in accordance with section 143;

3

section 156 of the Town and Country Planning (Scotland) Act 1972

3

in a case where—

i

a notice under section 155 is given in consequence of an order under section 42, the date of that order;

ii

such notice is given in a case falling within section 154, the date of the relevant planning decision refusing planning permission or granting it conditionally;

4

in section 27(1) of the Land Compensation (Scotland) Act 197322

4

the relevant date in the entry in paragraph 4 of this column for section 72 of the 1991 Act.

(This note is not part of the Order)

This Order brings into force on 25th September 1991 the following provisions of the Planning and Compensation Act 1991–

  • section 47 (power of planning authority to decline to determine applications);

  • section 48 (assessment of environmental effects);

  • section 50 (dismissal of appeals in cases of undue delay);

  • section 57 (listed buildings, conservation areas and hazardous substances) and Schedule 10 in so far as they relate to paragraphs 1 and 2 of that Schedule;

  • section 60(1), (4), (6), (7) and (8) (repeal of certain compensation provisions of the Town and Country Planning (Scotland) Act 1972) and Schedule 12;

  • section 61 (planning: minor and consequential amendments – Scotland) and Schedule 13 in so far as they relate to paragraphs 2, 5, 6, 7(a)(ii) and (iii), 7(b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(ii) of that Schedule;

  • sections 71-79 (land compensation – Scotland) and Schedules 16 and 17;

  • section 80 (interest on compensation and payments on account) and Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972 in Part I of that Schedule;

  • section 84(6) (repeals) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order.

  • Article 4 of, and Schedule 2 to, the Order limit, as specified there, the commencement of–

  • sections 47(1) (power of planning authority to decline to determine applications), 72 to 75, 78 (land compensation – Scotland) and 80(1) (interest on compensation);

  • in Schedule 17, paragraphs 2, 3, 5, 6, 7 to 10, 14, 15, 20 and 21 (amendments relating to land compensation);

  • in Schedule 19, the repeals of or in sections 12, 25(8), 30(3) of the Land Compensation (Scotland) Act 1963 and sections 35, 36, 156, 248 and 275(1) of the Town and Country Planning (Scotland) Act 1972 and sections 27(1), 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973.

Section 60(7) of the 1991 Act prevents the repeals effected by section 60(1) of that Act affecting any claim for compensation under Part VII of the Town and Country Planning (Scotland) Act 1972 duly made before 25th September 1991.

(This note is not part of the Order)

The order has been preceded by an earlier Order entitled the Planning and Compensation Act 1991 (Commencement No.1 and Transitional Provisions) Order 1991 (S.I.1991/2067) commencing provisions of the Act relating to England and Wales subject to transitional provisions. The order was made on 9th September 1991 to come into force on 25th September 1991.

The following Table of this Note sets out the provisions of the Act and the subject matter of the provisions.

Column 1

Column 2

Provisions of the Act

Subject Matter

Section 15

Assessment of environmental effects

Section 17

Power of local planning authority to decline to determine applications

Section 18

Dismissal of appeals in cases of undue delay

Section 21

Mines and waste

Section 22

Old mining permissions

Section 25 and Schedule 3 so far as it relates to paragraph 1 of Part I of Schedule 3

Listed buildings, conservation areas and hazardous substances

Section 26

Status of development plans

Section 29

Functions of Historic Buildings and Monuments Commission

Section 31(1), (4) and Schedule 6 (in so far as they relate to paragraphs 2 to 4, 6 to 12 and 14 to 49 of that Schedule), (5) and (6)

Planning compensation repeals

Section 32 and Schedule 7 in so far as they relate to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1) and (3)(a), 56 and 57(1), (2)(b), (3)(b) and (4)

Planning minor and consequential amendments

Section 62

Powers to acquire land which will be affected by public works

Section 63

Advance payments of compensation and interest

Section 64

Planning assumptions in connection with highway schemes

Section 65

Certification of appropriate alternative development

Section 66

Compensation where permission for additional development granted after acquisition

Section 67

Time limit on validity of notice to treat

Section 68

Home loss payments

Section 69

Home loss payments: spouses having statutory rights of occupation

Section 70 and Schedule 15 (except so far as they relate to paragraph 32)

Further amendments relating to land compensation

Section 80 and Schedule 18 as they apply in relation to England and Wales except so far as they relate to the entries relating to the Planning (Hazardous Substances) Act 1990 in Part I of that Schedule

Interest on compensation and payments on account

Section 81

Abolition of new street byelaws

Section 84(6) and Schedule 19 so far as they relate to Part II, III and V of that Schedule and the repeals in Parts I and IV of that Schedule specified in Schedule 1 of the Commencement Order.

Repeals