Town and Country Planning Act 1971

• (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) of this paragraph, 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) of this paragraph 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 paragraph 2 of this Schedule, 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 paragraph 3 of this Schedule 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

• (1) The provisions of this paragraph shall have effect in the case of a pledge of one or more claim holdings to the Central Land Board to which neither paragraph 3 nor paragraph 4 of this Schedule applies.

• (2) 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.

• (3) 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 (2) of this paragraph 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 (2) of this paragraph, 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 head (a) of this sub-paragraph shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

• (4) Paragraph 3 or paragraph 4 of this Schedule shall then apply in relation to each claim holding (if any) allocated in accordance with sub-paragraph (2) or sub-paragraph (3) of this paragraph 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.

• (5) If, after the application of the preceding 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.

PART II — Adjustment by Reference to Payments in Respect of War-Damaged Land

6

• (1) The provisions of this Part of this Schedule 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 Part of this Schedule, have related) to the like interest in the whole or part of that land, with or without any other land.

• (2) In this Part of this Schedule " the scheme " means the scheme made under section 59 of the Act of 1947, " the date of the scheme" means 12th December 1949, and "payment under the scheme " means a payment which has become, or becomes, payable by virtue of the scheme.

• (3) In relation to any payment under the scheme " the payment area ", in this Part of this Schedule, means the land in respect of which the payment became or becomes payable, and references to the amount of the payment shall be construed as references to the principal amount thereof, excluding any interest payable thereon in accordance with section 65(3) of the Act of 1947.

7

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.

8

• (1) If the payment area forms part of the area of the claim holding, the holding (in this 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.

• (2) Where sub-paragraph (1) of this paragraph applies, paragraph 7 of this Schedule shall have effect in relation to the claim holding referred to in sub-paragraph (1)(a) of this paragraph as if it were the parent holding.

9

If the payment area includes the area of the claim holding together with other land, paragraph 7 of this Schedule 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 thereof, 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.

10

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) paragraph 8 of this Schedule 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) paragraph 9 of this Schedule 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.

PART III — Adjustment in cases of Partial Disposition of Claim Holdings

11

The provisions of this Part of this Schedule 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 Part of this Schedule referred to as " the relevant disposition"), different persons became entitled to different parts of the benefit of that established claim.

12

As from the date of the relevant disposition, each of those different parts shall be treated as having constituted a separate claim holding.

13

The area and value of any such separate claim holding at any time after the relevant dispositon 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.

14

In paragraph 13 of this Schedule the reference to determination in the requisite manner of the area and value of a claim holding is a reference to the determination thereof on the occasion of an apportionment affecting that holding which fell or falls to be made for any of the purposes of the Act of 1954, of Part VI of the Act of 1962 or Schedule 5 thereto, of Part VII of this Act or of this Schedule, being a determination made—

• (a) by the authority making that apportionment; or

• (b) where, under the Act of 1954, Part VI of the Act of 1962 or Part VII of this Act, that authority's findings were or are referred to the Lands Tribunal, by that Tribunal,

having regard in particular to the principles mentioned in paragraph 15 of this Schedule.

15

• (1) The said principles are those set out in the following provisions of this paragraph.

• (2) 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.

• (3) Subject to sub-paragraph (2) of this paragraph, 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 2 of this Schedule, and by virtue of Part I of this Schedule 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.

• (4) 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 (5) of this paragraph 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 the said sub-paragraph (5) 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 (2) and (3) of this paragraph, 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.

• (5) 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 (2) to (4) of this paragraph) 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.

16

Paragraph 1 of this Schedule shall apply for the purposes of this Part of this Schedule as it applies for the purposes of Part I thereof.

PART IV — Adjustment in Respect of Payments under Part I of Act of 1954

17

The provisions of this Part of this Schedule shall have effect where, by virtue of Part I of the Act of 1954, a payment became or becomes payable in respect of a claim holding.

18

Subject to the following provisions of this Part of this Schedule, 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 Act of 1954, 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.

19

Paragraph 18 of this Schedule shall apply where two or more payments under Part I of the Act of 1954 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.

20

• (1) 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 the preceding provisions of this Part of this Schedule, and for the purposes of Part V of this Schedule and of Part VII of this Act—

• (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 thereof 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 Act of 1954 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 the said Part I in respect of that claim holding.

• (2) In this paragraph "relevant act or event", in relation to a claim holding, means an act or event whereby, in accordance with the provisions of Part I of the Act of 1954, one or more payments became or become payable in respect of that claim holding.

21

For the purposes of this Part of this Schedule—

• (a) a payment shall be treated as having become payable not withstanding that the right to receive the payment was extinguished by section 14(2) of the Act of 1954 (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 Act of 1954 (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 thereof had been the amount so determined.

22

• (1) Where in accordance with the preceding provisions of this Part of this Schedule a claim holding is deemed to have been extinguished or the value of a claim holding is deemed to 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.

• (2) References in this Part of this Schedule to the value of a claim holding are references to the value thereof immediately before the time of completion.

PART V — Adjustment in Respect of Compensation under Part V of Act of 1954

23

Where compensation under Part V of the Act of 1954 became or becomes payable by reference to a claim holding, then (subject to. the following provisions of this Part of this Schedule) for the purposes of Part VII of this Act—

• (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 Part of this Schedule) 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 Part of this Schedule) the value of the claim holding shall be deemed to have been reduced immediately before that time by the principal amount of the compensation.

24

Where compensation became or becomes payable as mentioned in paragraph 23 of this Schedule, and at any time an amount became or becomes recoverable in respect thereof under section 29 of the Act of 1954, as applied by section 46 of that Act, or under section 159 of this Act as applied by Schedule 24 to this Act to compensation under Part V of the Act of 1954, then, for the purposes of Part VII of this Act, paragraph 23. of this Schedule 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.

25

Where, in the case of a claim holding (in this paragraph referred to as "the parent holding"), compensation under Part V of the Act of 1954 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, both for the purposes of the preceding provisions of this Part of this Schedule and for the purposes of Part VII of this Act—

• (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 thereof 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 Act of 1954 in respect of that claim holding.

PART VI — Supplementary Provisions

26

Where in accordance with any of the provisions of this Schedule 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.

27

Where in accordance with any of the provisions of this Schedule a claim holding (in this 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 thereof at any time when he was the holder of the parent holding.

28

Expressions used in this Schedule and in Part VII of this Act have the same meanings in this Schedule as in that Part of this Act.

29

In this Schedule " the holder ", in relation to a claim holding, means the person for the time being entitled to the holding, or, in the case of a holding subject to a mortgage made otherwise than by way of assignment, means the person who would for the time being have been entitled to the holding if it had not been mortgaged, and " the time of completion " means the time when, in accordance with section 138 of this Act, the adjustment of claim holdings is deemed to have been completed.

SCHEDULE 16

1

Where for the purposes of section 141 of this Act the value of any development initiated before a time referred to in that section has to be ascertained with reference to that time, the value of the, development shall be calculated in accordance with the provisions of this Schedule.

2

Subject to the following provisions of this Schedule, 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 Act of 1962 or the provisions of the Act of 1947, as the case may be) the development could at that time lawfully be carried out,

and shall be taken to be the difference between 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 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 paragraph (2)(a) of this Schedule 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 thereof but before the carrying out of any other operations.

4

• (1) If the development was initiated in pursuance of planning permission granted subject to conditions, paragraph 2 of this Schedule shall apply as if the reference to the granting of permission unconditionally were a reference to the granting of permission subject to the like conditions.

• (2) If the permission referred to in sub-paragraph (1) of this paragraph 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 like conditions shall be construed, in relation to the condition imposing that requirement, as a reference to a condition imposing the like requirement in respect of a period of like duration beginning at the time in question.

5

In the application of the preceding provisions of this Schedule 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.

SCHEDULE 17

Determination of relevant area

1

• (1) Where, in the case of a compulsory acquisition to which section 142 of this Act 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 conditions set out in sub-paragraph (2) of this paragraph, 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) The conditions referred to in sub-paragraph (1) of this paragraph are—

• (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.

• (3) Any area of the relevant land which has an unexpended balance of established development value and which complies with the conditions set out in sub-paragraph (2) of this paragraph is in this Schedule referred to, in relation to the interests subsisting therein, as " the relevant area", and the subsequent provisions of this Schedule shall have effect separately in relation to each relevant area.

Preliminary calculations

2

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 Schedule referred to as " the existing use rent

3

• (1) 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 Schedule referred to as " the rental liability " of that interest.

• (2) Where the interest in fee simple is subject to more than one rentcharge, then, for the purposes of sub-paragraph (1) of this paragraph, 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.

4

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 Schedule referred to as " the reversionary development value " of that interest;

• (b) if so much of the rent reserved under the said 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 Schedule referred to as " the rental increment" of that interest.

Apportionment of unexpended balance between interests

5

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 the following, that is to say—

• (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 thereof ;

• (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 thereof;

• (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.

Application of Schedule to past acquisitions

6

In relation to any compulsory acquisition to which section 142 of this Act applies, where the relevant date was a date before the commencement of this Act, the preceding provisions of this Schedule shall have effect with the necessary modifications.

Interpretation

7

In this Schedule—

• (a) " the relevant land ", in relation to a compulsory acquisition to which section 142 of this Act 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 section 142 of this Act; and

• (e) other expressions have the same meanings as in Part VII of this Act.

SCHEDULE 18

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

For the purposes of this Schedule gross floor space shall be ascertained by external measurement; and 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 the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of Schedule 8 to this Act, 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.

SCHEDULE 19

Action by council on whom listed building purchase notice is served

1

• (1) The council on whom a listed building purchase notice is served, shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

• (a) that the council are willing to comply with the purchase notice ; or

• (b) that another local authority or statutory undertakers specified in the notice under this sub-paragraph have agreed to comply with it in their place ; or

• (c) that for reasons specified in the notice under this sub-para graph, the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted a copy of the purchase notice to the Secretary of State, on a date specified in the notice under this sub-paragraph, together with a statement of the reasons so specified.

• (2) Where the council on whom a listed building purchase notice is served by an owner have served on him a notice in accordance with sub-paragraph (1)(a) or (b) of this paragraph the council, or the other local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of section 114 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

• (3) Where the council on whom a listed building purchase notice is served by an owner propose to serve on him a notice in accordance with sub-paragraph (1)(c) of this paragraph they shall transmit a copy of the purchase notice to the Secretary of State together with a statement of their reasons; and section 182 of this Act shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under section 180 of this Act with the substitution for references therein to the Secretary of State taking action under section 183 of this Act of references to his taking action under paragraph 2 of this Schedule.

Action by Secretary of State in relation to listed building purchase notice

2

• (1) Subject to the following provisions of this paragraph, if the Secretary of State is satisfied that the conditions specified in section 190(1)(a) to (c) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

Provided that, if he is satisfied that the said conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

• (2) The Secretary of State shall not confirm the purchase notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

• (3) If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being refused or granted subject to conditions, he may, in lieu of confirming the purchase notice, grant listed building consent for the works in respect of which the application was made or, where such consent for those works was granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works.

• (4) If it appears to the Secretary of State to be expedient to do so, in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of Schedule 11 to this Act, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

• (5) If it appears to the Secretary of State that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other works for which listed building consent ought to be granted, he may in lieu of confirming the listed building purchase notice or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that listed building consent for those works shall be granted in the event of an application being made in that behalf.

• (6) If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any development for which planning permission ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

• (7) If it appears to the Secretary of State, having regard to the probable ultimate use of the building or the site thereof, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.

• (8) In section 182 of this Act as applied by paragraph 1(3) of this Schedule, any reference to the taking of action by the Secretary of State under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions referred to in sub-paragraph (1) of this paragraph are not fulfilled.

Effect of Secretary of State's action in relation to listed building purchase notice

3

• (1) Where the Secretary of State confirms a listed building purchase notice, the council on whom the notice was served (or, if under paragraph 2(7) of this Schedule the Secretary of State modified the notice by substituting another local authority or statutory undertakers for that council, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 114 of this Act and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

• (2) If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 2 of this Schedule, and has not notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the council on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 114 of this Act and to have served a notice to treat in respect thereof at the end of that period.

• (3) In this paragraph—

• (a) "the relevant interest" means the owner's interest in the land or, if the purchase notice is confirmed by the Secretary of State in respect of only part of the land, the owner's interest in that part;

• (b) " the relevant period " is whichever of the following periods first expires, that is to say—

• (i) the period of nine months beginning with the date of the service of the purchase notice ; and

• (ii) the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

• (4) Where the Secretary of State has notified the owner by whom a listed building purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent), and that decision of the Secretary of State is quashed under the provisions of Part XII of this Act, the purchase notice shall be treated as cancelled, but the owner may serve a further listed building purchase notice in its place.

• (5) For the purposes of any regulations made under this Act as to the time within which a listed building purchase notice may be served, the service of a listed building purchase notice under sub-paragraph (4) of this paragraph shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the decision to refuse listed building consent or to grant it subject to conditions (being the decision in consequence of which the notice is served) had been made on the date on which the decision of the Secretary of State was quashed as mentioned in sub-paragraph (4) of this paragraph.

Special provision as to compensation where listed building purchase notice served

4

Where in consequence of listed building consent being revoked or modified by an order under Part II of Schedule 11 to this Act, compensation is payable by virtue of section 172 of this Act in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that section.

SCHEDULE 20

PART I — Confirmation of Orders

1

• (1) Before an order under section 210 or 214(1)(b) of this Act 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 at all reasonable hours; and

• (c) specifying the time (not being less than twenty-eight 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-paragraph (4) of this paragraph, the notice to be given under sub-paragraph (1) of this paragraph shall be given—

• (a) by publication in the London Gazette and 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 like 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 Rent Act 1968) of any of that land ;

• (ii) every council, the council of every rural parish and the parish meeting of every rural parish not having a separate parish 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

• (c) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up, diverted or extinguished by virtue of the order.

• (3) In sub-paragraph (2) of this paragraph "council" means a county council, a county borough council, a county district council, the Greater London Council or a London borough council.

• (4) Except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i) of this paragraph ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to " the owners and any occupiers" of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

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) If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming the order, if the objection is made by a local authority cause a local inquiry to be held, and in any other case either—

• (a) cause a local inquiry to be held ; or

• (b) afford to 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, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order, with or without modifications:

Provided that in the case of an order under section 210 of this Act, 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.

• (2) Notwithstanding anything in the preceding 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 (not being less than twenty-eight 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 affording to 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 to hear representations or objections as the case may be;

and, in the case of an order under section 210 of this Act, 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) The Secretary of State shall not confirm an order under section 210 of this Act 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 ; and 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.

• (2) The consent of statutory undertakers to any such order shall not be unreasonably withheld ; and 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.

5

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 210 and 214(1)(b) of this Act.

PART II — Publicity for Orders after Confirmation

6

As soon as may be after an order under section 210 or 214(1)(b) of this Act has been confirmed by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made shall publish, in the manner required by paragraph 1(2) of this Schedule, a notice in the prescribed form, describing the general effect of the order, stating that it has been confirmed, and naming a place where a copy thereof as confirmed may be inspected free of charge at all reasonable hours, and shall—

• (a) serve a like notice and a copy of the order as confirmed on any persons on whom notices were required to be served under the said paragraph 1(2) or under paragraph 1(4); and

• (b) cause a like notice to be displayed in the like manner as the notice required to be displayed under the said paragraph 1(2):

SCHEDULE 21

PART I

Any other provisions of this Act in so far as they apply, or have effect for the purposes of, any of the provisions specified above.

PART II

PART III

Any other provisions of this Act in so far as they apply, or have effect for the purposes of, any of the provisions specified above

PART IV

PART V

PART VI

PART VII

Any other provisions of this Act in so far as they apply, or have effect for the purposes of, any of the provisions specified above.

SCHEDULE 22

1

Section 107 of the Public Health Act 1936.

2

The following provisions of the Highways Act 1959, that is to say—

• section 72(1), (2), (5) and (8) to (10).

• section 73 except subsection (5).

• sections 159, 163 and 166.

• section 170(2) and (4).

• section 217.

• section 222(7).

• section 266(5) and (7).

• Schedule 9.

3

The following further provisions of the Highways Act 1959, that is to say—

• (a) sections 158 and 170(1) so far as applicable for the purposes of section 159 of that Act;

• (b) section 222(11) so far as applicable for the purposes of section 217 of that Act;

• (c) in section 266—

• (i) subsections (1) to (3) so far as applicable for the purposes of section 72 of that Act;

• (ii) subsections (1), (3) and (6) so far as applicable for the purposes of section 73 of that Act;

• (iii) subsections (1) and (3) so far as applicable for the purposes of section 163 and 170(2) of that Act;

• (d) section 270 so far as applicable for the purposes of section 73 of that Act.

4

Section 243 of the Highways Act 1959 so far as the purposes in question are the purposes of the exercise—

• (a) by a county council in relation to county roads maintained by that council; or

• (b) by the Greater London Council in relation to any road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road,

of their powers under section 72(1), (2), (5) and (8) to (10) or section 217 of the said Act of 1959.

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.

SCHEDULE 23

PART I

The Land Compensation Act 1961 (c. 33)

In the Land Compensation Act 1961 any reference to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

The London Government Act 1963 (c. 33)

In section 21 of the London Government Act 1963 the reference to an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

PART II

The Finance Act 1931 (c. 28)

In section 28(6) of the Finance Act 1931 (inserted by the Land Commission Act 1967) for the words " the Town and Country Planning Act 1962 " there shall be substituted the words "the Town and Country Planning Act 1971 ".

In Schedule 2 to the said Act of 1931, in paragraph (viii) (inserted by the Land Commission Act 1967) for the words " section 19(4) of the Town and Country Planning Act 1962 " there shall be substituted the words " section 34(1) of the Town and Country Planning Act 1971 ".

The Building Restrictions (War-Time Contraventions) Act 1946 (c. 35)

In section 7(1) and (5) of the Building Restrictions (War-Time Contraventions) Act 1946 (as amended by the Act of 1962) for the words " paragraph 12 of the Thirteenth Schedule to the Town and Country Planning Act 1962" there shall be substituted the words " paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 ".

The Civil Aviation Act 1949 (c. 67)

In section 30 of the Civil Aviation Act 1949 (as amended by the Act of 1962)—

In Schedule 4 to the said Act of 1949 (as amended by the Act of 1962)—

The Town Development Act 1952 (c. 54)

In section 6 of the Town Development Act 1952 (as amended by the Act of 1962)—

The Highways Act 1959 (c. 25)

In section 19(1) of the Highways Act 1959 (as amended by the Act of 1962) for the words "section eight of the Town and Country Planning Act 1962" there shall be substituted the words " paragraph 5 of Schedule 5 to the Town and Country Planning Act 1971 ".

In section 38(2)(e) of the said Act of 1959 (as amended by the Act of 1968) for the words "section 153 of the Town and Country Planning Act 1962" and "section 94 of the Town and Country Planning Act 1968 " there shall be substituted respectively the words " section 209 of the Town and Country- Planning Act 1971 " and " section 210 of that Act ".

The Town and Country Planning Act 1959 (c. 53)

In section 26(5)(c) (as amended by the Act of 1962) for the words " section seventy-eight of the Town and Country Planning Act 1962" there shall be substituted the words " section 123 of the Town and Country Planning Act 1971 ".

The Local Employment Act 1960 (c. 18)

For section 21 of the Local Employment Act 1960 in its application to England and Wales there shall be substituted:—

The Public Health Act 1961 (c. 64)

In Schedule 4 to the Public Health Act 1961 (as amended by the Act of 1968) for the words "section 32 of the Town and Country Planning Act 1962 " there shall be substituted the words " section 54(1) of the Town and Country Planning Act 1971 ".

The London Government Act 1963 (c. 33)

In section 21(4)(a)(i) of the London Government Act 1963 for the words " the Town and Country Planning Act 1962 " there shall be substituted the words " the Town and Country Planning Act 1971 ".

In section 85 of the said Act of 1963—

The Water Resources Act 1963 (c. 38)

In section 71(4) of the Water Resources Act 1963 for the words "section 41 of the Town and Country Planning Act 1962" there shall be substituted the words " section 40 of the Town and Country Planning Act 1971 ".

In section 123(5) of the said Act of 1963 for the words " section 199 of the Town and Country Planning Act 1962; and the provisions of subsection (6) of that section " there shall be substituted the words " section 266 of the Town and Country Planning Act 1971 ; and the provisions of subsection (7) of that section ".

The Harbours Act 1964 (c. 40)

In section 52(2) of the Harbours Act 1964 for the words " section 199 of the Town and Country Planning Act 1962 ; and the provisions of subsection (6) of that section " there shall be substituted the words " section 266 of the Town and Country Planning Act 1971 ; and the provisions of subsection (7) of that section ".

The Airports Authority Act 1965 (c. 16)

In section 17(6) and (7)(d) of the Airports Authority Act 1965 for the words "section 82 of the Town and Country Planning Act 1962" and "Part V of that Act" there shall be substituted respectively the words " section 128 of the Town and Country Planning Act 1971 " and " Part VI of that Act ".

In section 18 of the said Act of 1965 (as amended by the Civil Aviation Act 1971) for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below:—

and in section 18(5) of the said Act of 1965 for the words "'the Act of 1962' means the Town and Country Planning Act 1962" there shall be substituted the words " ' the Act of 1971' means the Town and Country Planning Act 1971 ".

In section 19(1) of the said Act of 1965 for the words "section 221(1) of the Town and Country Planning Act 1962 " there shall be substituted the words " section 290(1) of the Town and Country Planning Act 1971 ".

The Gas Act 1965 (c. 36)

In section 4(6) of the Gas Act 1965 for the words "the Town and Country Planning Act 1962" and "section 41 of that Act " there shall be substituted respectively the words " the Town and Country Planning Act 1971 " and " section 40 of that Act ".

In section 28(1) of the said Act of 1965—

In Schedule 3 to the said Act of 1965—

The Compulsory Purchase Act 1965 (c. 56)

In section 1(4) of the Compulsory Purchase Act 1965 for the words " Part V of the Town and Country Planning Act 1962 " and " section 86(6) of that Act" there shall be substituted respectively the words " Part VI of the Town and Country Planning Act 1971 " and " section 132(4) of that Act ".

In section 10(3) of the said Act of 1965 for the words "Part V of the Town and Country Planning Act J962" and "section 86(6)(b) of that Act" there shall be substituted respectively the words " Part VI of the Town and Country Planning Act 1971 " and " section 132(4)(b) of that Act".

The New Towns Act 1965 (c. 59)

In subsection (2) of section 6 of the New Towns Act 1965 for the words " section 14 of the Town and Country Planning Act 1962" there shall be substituted the words " section 24 of the Town and Country Planning Act 1971 "; and in subsection (3) of that section for the words "section 32 of the Town and Country Planning Act 1962 " there shall be substituted the words " section 54(1) of the Town and Country Planning Act 1971 ".

In section 54(1) of the said Act of 1965—

In paragraph 3(3)(a) of Schedule 10 to the said Act of 1965 for the words "section 14 of the Town and Country Planning Act 1962" there shall be substituted the words " section 24 of the Town and Country Planning Act 1971 ".

The Building Control Act 1966 (c. 27)

In section 6(1)(a) of the Building Control Act 1966 after the words "Part I of the Control of Office and Industrial Development Act 1965 " there shall be inserted the words " or section 74 of the Town and Country Planning Act 1971 ".

The Local Government Act 1966 (c. 42)

In section 8(5) of the Local Government Act 1966 for the words "the Town and Country Planning Act 1962" there shall be substituted the words " the Town and Country Planning Act 1971 ".

In section 9(4) of the said Act of 1966 for the words "the Town and Country Planning Act 1962" there shall be substituted the words " the Town and Country Planning Act 1971 ".

In section 37 of the said Act of 1966 for the words "the Town and Country Planning Act 1962" there shall be substituted the words " the Town and Country Planning Act 1971 ".

The Land Commission Act 1967 (c. 1)

In section 14 of the Land Commission Act 1967 for the words set out in the first column below (in each place where they occur in that section) there shall be substituted the words set out opposite to them in the second column below:—

In section 58(3) of the said Act of 1967 for the words "section 221(1) of the Act of 1962" there shall be substituted the words " section 290(1) of the Act of 1971 ".

In section 89(6)(b) of the said Act of 1967 for the words " section 221(1) of the Act of 1962" there shall be substituted the words " section 290(1) of the Act of 1971 ".

In section 99 of the said Act of 1967—

In Schedule 15 to the said Act of 1967, in paragraph (viii) for the words " section 19(4) of the Town and Country Planning Act 1962" there shall be substituted the words " section 34 of the Town and Country Planning Act 1971 ".

In Schedule 16 to the said Act of 1967, in Part I, for the words " section 82 of the Act of 1962 " (in both places where they occur) there shall be substituted the words " section 128 of the Act of 1971 " and for the words " Section 87(3) of the Act of 1962 " and " section 82 of that Act" there shall be substituted respectively the words " Section 133(3) of the Act of 1971 " and " section 128 of that Act".

The General Rate Act 1967 (c. 9)

In section 32(8) of the General Rate Act 1967 for the words " the Town and Country Planning Act 1962" there shall be substituted the words " the Town and Country Planning Act 1971 ".

In Schedule 1 to the said Act of 1967, in paragraph 2(c) (as amended by the Act of 1968), for the words " a building preservation notice as defined by section 48 of the Town and Country Planning Act 1968 or is included in a list compiled or approved under section 32 of the Town and Country Planning Act 1962" there shall be substituted the words " a building preservation notice as defined by section 58 of the Town and Country Planning Act 1971 or is included in a list compiled or approved under section 54 of that Act ".

The Forestry Act 1967 (c. 10)

In section 9(4)(d) of the Forestry Act 1967 for the words " the Town and Country Planning Act 1962 " there shall be substituted the words " the Town and Country Planning Act 1971 ".

In section 35 of the said Act of 1967 for the words " section 29 of the Town and Country Planning Act 1962" there shall be substituted the words " section 60 of the Town and Country Planning Act 1971 ".

In Schedule 3 to the said Act of 1967, in paragraph 2, for the words " section 22 of the Town and Country Planning Act 1962 " and " the said section 22 " there shall be substituted respectively the words " section 35 of the Town and Country Planning Act 1971 " and " the said section 35 " ; and in paragraph 3 for the words " the Town and Country Planning Act 1962 " there shall be substituted the words " the Town and Country Planning Act 1971 ".

The Agriculture Act 1967 (c. 22)

In section 49(5)(a) of the Agriculture Act 1967 for the words " section 180 of the Town and Country Planning Act 1962 " and "Part IV of that Act" there shall be substituted respectively the words " section 246 of the Town and Country Planning Act 1971 " and " Part V of that Act ".

In section 50(3)(b) of the said Act of 1967 for the words " section 221(1) of the Town and Country Planning Act 1962 " there shall be substituted the words " section 290(1) of the Town and Country Planning Act 1971 ".

In section 52(2)(g) for the words " the Town and Country Planning Act 1962" there shall be substituted the words " the Town and Country Planning Act 1971 ".

The Civic Amenities Act 1967 (c. 69)

In section 28 of the Civic Amenities Act 1967—

In section 30(1) of the said Act of 1967 for the words " ' the Planning Act' means the Town and Country Planning Act 1962 " there shall be substituted the words " ' the Planning Act ' means the Town and Country Planning Act 1971 "

The Leasehold Reform Act 1967 (c. 88)

In section 28(6)(a) of the Leasehold Reform Act 1967 (inserted by the Act of 1968) for the words " the Town and Country Planning Act 1962 " there shall be substituted the words " the Town and Country Planning Act 1971 ".

In Schedule 4 to the said Act of 1967, in paragraph 1(7), for the words " the Town and Country Planning Act 1962 " there shall be substituted the words " the Town and Country Planning Act 1971 "

The Public Expenditure and Receipts Act 1968 (c. 14)

In Schedule 3 to the Public Expenditure and Receipts Act 1968 for paragraph 7(b) there shall be substituted:—

The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

In section 13(2) of the Agriculture (Miscellaneous Provisions) Act 1968 for the words " sections 67, 68 or 72 of the Town and Country Planning Act 1962" there shall be substituted the words " section 112 or 120 of the Town and Country Planning Act 1971 ".

The Countryside Act 1968 (c. 41)

In section 33 of the Countryside Act 1968—

In section 34(2) of the said Act of 1968 for the words "section 28 of the Town and Country Planning Act 1962", "section 136 of that Act", "Part VIII of that Act", "section 134(2) of that Act" and "the said section 28 " there shall be substituted respectively the words " section 51 of the Town and Country Planning Act 1971 " section 189 of that Act" Part IX of that Act", " section 187(2) of that Act" and " the said section 51 ".

In section 40(1) of the said Act of 1968 for the words " section 2 of the Town and Country Planning Act 1962" there shall be substituted the words " section 1 of the Town and Country Planning Act 1971 ".

In Schedule 4 to the said Act of 1968—

The Caravan Sites Act 1968 (c. 52)

In section 8(3) of the Caravan Sites Act 1968 for the words " section 22 of the Town and Country Planning Act 1962" there shall be substituted the words " section 35 of the Town and Country Planning Act 1971 ".

In section 16 of the said Act of 1968 for the words " Part III of the Town and Country Planning Act 1962 " there shall be substituted the words " Part III of the Town and Country Planning Act 1971 "

The Town and Country Planning Act 1968 (c. 72)

In section 59 of the Town and Country Planning Act 1968 after the words " listed building " there shall be inserted the words " (as defined by section 54 of the Town and Country Planning Act 1971) "

The Transport Act 1968 (c. 73)

In section 108 of the Transport Act 1968—

In section 112(3)(d) of the said Act of 1968 for the words "section 36 of the Town and Country Planning Act 1962" there shall be substituted the words " section 65 of the Town and Country Planning Act 1971 ".

In section 139(1)(b) and (c) of the said Act of 1968 for the words "section 129, 135 or 136 of the Town and Country Planning Act 1962 ", " section 139 of the said Act of 1962 " and " section 142 of the said Act of 1962 " there shall be substituted respectively the words " section 180, 188 or 189 of the Town and Country Planning Act 1971 ", " section 193 of the said Act of 1971 " and " section 196 of the said Act of 1971 ".

In section 141(2) of the said Act of 1968 for the words " section 221(1) of the Town and Country Planning Act 1962" there shall be substituted the words " section 290(1) of the Town and Country Planning Act 1971 ".

In section 142(2) of the said Act of 1962 for the words "the Town and Country Planning Act 1962", "Part III of that Act" and " Part VIII of that Act" there shall be substituted respectively the words " the Town and Country Planning Act 1971 " , " Part III or Part IV of that Act " and " Part IX of that Act".

The Redundant Churches and other Religious Buildings Act 1969 (1969 c. 22)

In section 2 of the Redundant Churches and other .Religious Buildings Act 1969 for the words " Section 40 of the Town and Country Planning Act 1968" and " section 32 of the Town and Country Planning Act 1962" there shall be substituted respectively the words " Section 55 of the Town and Country Planning Act 1971 " ' and V section 54 of that Act".

The Town and Country Planning (Scotland) Act 1969 (c. 30)

In section 64(1) of the Town and Country Planning (Scotland) Act 1969 for the words "section 62 of the Town and Country Planning Act 1968 " there shall be substituted the words " section 48 of the Town and Country Planning Act 1971 ".

In Schedule 6 to the said Act of 1969 for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below :—

The Housing Act 1969 (c. 33)

In section 33 of the Housing Act 1969—

The Transport (London) Act 1969 (c. 35)

In section 2(2)(b) and (c) of the Transport (London) Act 1969 for the words " section 25(2) of the London Government Act 1963 " there shall be substituted the words " paragraph 8(2) of Schedule 5 to the Town and Country Planning Act 1971 ", for the words " section 26(2) of that Act" there shall be substituted the words " section 26(2) of the London Government Act 1963 or the said Schedule 5 ", after the words " Part I of the Town and Country Planning Act 1968 " there shall be inserted the words " or Part II of the Town and Country Planning Act 1971 " and after the words " the said Part I" there shall be inserted the words " or the said Part II "