Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

• (5) Without prejudice to the generality of subsection (4) of this section, an order under this section may make provision—

• (a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;

• (b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;

• (c) where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3) of this section, for giving effect to such financial arrangements between the planning authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

• (d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

Procedure in relation to orders under s. 222

223

• (1) As soon as may be after making such a representation as is mentioned in subsection (1) or subsection (3) of section 222 of this Act—

• (a) the statutory undertakers, in a case falling within subsection (1) of that section; or

• (b) the planning authority or Minister making the representation, in a case falling within subsection (3) thereof,

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, objections to the making of an order on the representation may be made, and shall serve a like notice on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

• (2) Orders under section 222 of this Act shall be subject to special parliamentary procedure.

Relief of statutory undertakers from obligations rendered impracticable

224

• (1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

• (2) Subsection (1) of this section applies to the following acts and events, that is to say—

• (a) the compulsory acquisition under Part VI of this Act or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and

• (b) the acts and events specified in section 222(2)(b) to (e) of this Act.

• (3) As soon as may be after making a representation to the appropriate Minister under subsection (1) of this section, the statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specify the time (not being less than twenty-eight days) within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

• (4) If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

• (5) Immediately after an order is made under this section by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—

• (a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and

• (b) on such other persons (if any) as the appropriate Minister thinks fit.

• (6) Subject to subsection (7) of this section, and to the provisions of Part XII of this Act, an order under this section shall become operative, on the date on which the notice required by subsection (5) of this section is first published.

• (7) Where in accordance with subsection (4) of this section the order is subject to special parliamentary procedure, subsection (6) of this section shall not apply.

Objections to orders under ss. 222 and 224

225

• (1) For the purposes of sections 222 and 224 of this Act, an objection to the making of an order thereunder shall not be treated as duly made unless—

• (a) the objection is made within the time and in the manner specified in the notice required by the section under which the order is proposed to be made; and

• (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

• (2) Where an objection to the making of such an order is duly made in accordance with subsection (1) of this section and is not withdrawn, the following provisions of this section shall have effect in relation thereto:

• (3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

• (4) In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

• (5) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

• (6) Subject to subsections (4) and (5) of this section, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, planning authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

• (7) Notwithstanding anything in the preceding provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

• (8) In this section any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

Compensation

Right to compensation in respect of certain decisions and orders

226

• (1) Statutory undertakers shall, subject to the following provisions of this Part of this Act, be entitled to compensation from the planning authority—

• (a) in respect of any decision made in accordance with section 214 of this Act whereby planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—

• (i) planning permission for that development would have been granted by a development order but for a direction given under such an order that planning permission so granted should not apply to the development; and

• (ii) it is not development which has received specific parliamentary approval (within the meaning given to that expression by section 212(3) of this Act);

• (b) in respect of any order under section 42 of this Act, as modified by section 216 thereof, whereby planning permission, granted on the application of those undertakers for the development of any such land, is revoked or modified.

• (2) Where, by virtue of section 219 of this Act, any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

• (3) Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of section 221 of this Act or an order of Ministers thereunder, the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

• (4) Notwithstanding anything in subsection (1) of this section, if the decision or order in question relates to land acquired by the statutory undertakers after 7th January 1947, and the Secretary of State and the appropriate Minister are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of that decision or order, they may include therein a direction that subsection (1) of this section shall not apply to that decision or order.

• (5) For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded

Measure of compensation to statutory undertakers

227

• (1) Where statutory undertakers are entitled to compensation—

• (a) as mentioned in subsection (1), (2) or (3) of section 226 of this Act; or

• (b) under the provisions of section 159 in respect of an order made under section 49 , 49A or 49B of this Act as modified by section 217 thereof; or

• (c) in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate;

the amount of the compensation shall (subject to section 228 of this Act) be an amount calculated in accordance with the following provisions of this section.

• (2) The said amount, subject to subsections (3) and (4) of this section, shall be the aggregate of the following amounts, that is to say—

• (a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking rendered necessary by the proceeding giving rise to compensation;

• (b) whichever of the following is applicable, namely—

• (i) where such an adjustment is made, the estimated amount of any decrease in net receipts from the carrying on of the undertaking pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

• (ii) where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation;

• (c) where the compensation is under section 226(2) of this Act, and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers in complying with the requirement, reduced by the value after removal of the apparatus removed.

• (3) Where any such adjustment as is mentioned in paragraph (a) of subsection (2) of this section is made, the aggregate amount mentioned in that subsection shall be reduced by such amount (if any) as appears to the tribunal referred to in subsection (2) of section 229 of this Act to be appropriate to offset—

• (a) the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers and used for the carrying on of their undertaking which, in consequence of the adjustment, ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and

• (b) the estimated amount of any increase in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as that amount has not been taken into account under paragraph (b) of that subsection and is directly attributable to the adjustment,

and by any further amount which appears to the tribunal referred to in subsection (2) of section 229 of this Act to be appropriate, having regard to any increase in the capital value of heritable property belonging to the statutory undertakers which is directly attributable to the adjustment, allowance being made for any reduction made under paragraph (b) of this subsection.

• (4) Where the compensation is under section 226(3) of this Act and the acquiring or appropriating authority carry out the works, then, in addition to any reduction falling to be made under subsection (3) of this section, the aggregate amount mentioned in subsection (2) of this section shall be reduced by the actual cost to the authority of carrying out the works.

• (5) References in this section to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or a balance of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly.

• (6) In this section—

• “proceeding giving rise to compensation” means—except in relation to compensation under section 226(3) of this Act, the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement, or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken;in relation to compensation under the said section 226(3), the circumstances making it necessary for the apparatus in question to be removed or re-sited;

• “the appropriate Minister’s certificate” has the same meaning as in section 218 of this Act.

Exclusion of s. 227 at option of statutory undertakers

228

• (1) Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 227(1)(c) of this Act, the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 12 of the Land Compensation (Scotland) Act 1963) which would be applicable apart from section 227 of this Act; and if the undertakers so elect the compensation shall be ascertained accordingly.

• (2) An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.

• (3) Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

Procedure for assessing compensation where s. 227 applies

229

• (1) Where the amount of any such compensation as is mentioned in subsection (1) of section 227 of this Act falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the tribunal referred to in subsection (2) of this section, if apart from this section it would not fall to be so assessed.

• (2) The tribunal referred to in this subsection shall consist of four persons, namely—

• (a) an advocate or solicitor of not less than seven years’ standing, appointed by the Lord President of the Court of Session to act as chairman;

• (b) two persons appointed by the Secretary of State as persons having special knowledge and experience of the valuation of land and of civil engineering respectively; and

• (c) for each claim coming before the tribunal, a person selected by the appropriate Minister, as a person having special knowledge and experience of statutory undertakings of the kind carried on by the claimant, from the members of a panel appointed by appropriate Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings.

• (3) The Treasury may pay out of moneys provided by Parliament to the members of the tribunal such remuneration (whether by way of salaries or by way of fees), and such allowances, as the Treasury may determine.

• (4) For the purposes of any proceedings arising before the tribunal referred to in subsection (2) of this section in respect of compensation falling to be ascertained as mentioned in subsection (1) of this section, the provisions of sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply as they apply to proceedings on a question referred to the Lands Tribunal under section 8 of that Act, but with the substitution in section 11 of that Act, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

Supplementary provisions

Special provisions as to display of advertisements on operational land

230

• (1) The provisions of this Part of this Act specified in subsection (2) of this section do not apply in relation to the display of advertisements on operational land of statutory undertakers.

• (2) The said provisions are sections 214 to 217 and 226(1) and (4) of this Act.

Part XII — Validity of Planning Instruments and Decisions and Proceedings Relating Thereto

Validity of development plans and certain orders, decisions and directions

231

• (1) Except as provided by the following provisions of this Part of this Act, the validity of—

• (a) a structure plan, a local plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted; or

• (aa) a simplified planning zone scheme or any alteration of any such scheme whether before or after the adoption or approval of the scheme or alteration; or

• (b) an order under any provision of Part X of this Act, whether before or after the order has been made; or

• (c) an order under section 224 of this Act, whether before or after the order has been made; or

• (d) any such order as is mentioned in subsection (2) of this section, whether before or after it has been confirmed; or

• (e) any such action on the part of the Secretary of State as is mentioned in subsection (3) of this section,

shall not be questioned in any legal proceedings whatsoever.

• (2) The orders referred to in subsection (1)(d) of this section are orders of any of the following descriptions, that is to say—

• (a) any order under section 42 of this Act or under the provisions of that section as applied by or under any other provision of this Act . . .;

• (b) any order under section 49 of this Act; or under the provisions of that section as applied by or under any other provision of this Act . . ..;

• (ba) any order under section 49A of this Act;

• (bb) any order under section 49B of this Act;

• (c) any tree preservation order;

• (d) any order made in pursuance of section 61(4) of this Act;

• (e)

• (f) any order under Part II of Schedule 10 to this Act.

• (3) The action referred to in subsection (1)(e) of this section is action on the part of the Secretary of State of any of the following descriptions, that is to say—

• (a) any decision of the Secretary of State on an application referred to him under section 32 of this Act;

• (b) any decision of the Secretary of State on an appeal under section 33 of this Act;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) any decision by the Secretary of State to confirm a completion notice under section 41 of this Act;

• (dd) any decision by the Secretary of State relating to an application for hazardous substances consent;

• (e) any decision of the Secretary of State relating to an application for consent under a tree preservation order, or relating to an application for consent under any regulations made in accordance with section 61 of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Secretary of State on appeal or a decision on an application referred to him for determination in the first instance;

• (ee) any decision of the Secretary of State on an appeal to him under section 63A of this Act against a waste land notice;

• (f) any decision of the Secretary of State on an appeal to him under section 85 of this Act against any enforcement notice;

• (g) any decision of the Secretary of State on an appeal under section 91(2) of this Act against the refusal or partial refusal of an application for a certificate under section 90 or 90A of this Act;

• (h) any decision of the Secretary of State on an appeal to him under section 93 of this Act against a listed building enforcement notice;

• (i) any decision of the Secretary of State to confirm a purchase notice or listed building purchase notice;

• (j) any decision of the Secretary of State not to confirm a purchase notice or listed building purchase notice, including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice, either wholly or in part;

• (k) any decision of the Secretary of State on an application referred to him under paragraph 4 of Schedule 10 to this Act (being an application for listed building consent for any works) or on an appeal under paragraph 7 of that Schedule or section 93 of this Act.

• (4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) of this section.

Proceedings for questioning validity of structure plans, etc.

232

• (1) If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part II of this Act, or that any requirement of the said Part II or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 16(1) of this Act, make an application to the Court of Session under this section.

• (2) On any application under this section the Court of Session—

• (a) may by interim order wholly or in part suspend the operation of the plan, alteration, repeal or replacement, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

• (b) if satisfied that the plan, alteration, repeal or replacement is wholly or to any extent outside the powers conferred by Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

• (3) The preceding provisions of this section shall apply, subject to any necessary modifications—

• (a) to an order under section 198, under section 203(1)(a) or under section 224 of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned there were substituted a reference either, in the case of sections 198, and 203(1)(a), to the notice required by section 204(6) of this Act, or, in the case of section 224, to the notice required by subsection (5) of that section; and

• (b) to an order under section 198A, under section 199, under section 201, or under section 203(1)(b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 18 to this Act is first published in accordance with that paragraph.

• (4) Subsections (1) and (2) of this section apply to a simplified planning zone scheme or an alteration of such a scheme as they apply to a structure plan and an alteration of such a plan, with the following modifications—

• (a) for the references to Part II of this Act substitute references to Part III of this Act, and

• (b) for the reference to regulations under section 16(1) of this Act substitute a reference to regulations under paragraph 12 of Schedule 6A to this Act,

and with any other necessary modifications.

Proceedings for questioning validity of other orders, decisions and directions

233

• (1) If any person—

• (a) is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order; or

• (b) is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,

he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

• (2) Without prejudice to subsection (1) of this section, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

• (3) This section applies to any such order as is mentioned in subsection (2) of section 231 of this Act and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of the said section 231.

• (4) On any application under this section the Court of Session—

• (a) may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

• (b) if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:

• (5) In relation to a tree preservation order, or to an order made in pursuance of section 61(4) of this Act, the powers conferred on the Court of Session by subsection (4) of this section shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

• (6) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

• (7) In this section “the relevant requirements”, in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment), which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies is a reference to the planning authority, and, in relation to any such decision as is mentioned in section 231(3)(i) or (j) of this Act, being a decision confirming the notice in question subject to the substitution of another local authority or statutory undertakers for the planning authority, shall be construed as including a reference to that other local authority or those statutory undertakers.

Appeals to Court of Session against decisions under s. 51

234

Special provisions as to decisions relating to statutory undertakers

235

In relation to any action which—

• (a) apart from the provisions of Part XI of this Act, would fall to be taken by the Secretary of State, and, if so taken, would be action falling within section 231(3) of this Act; but

• (b) by virtue of Part XI of this Act, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 231 and 233 of this Act shall have effect (subject to section 236 of this Act) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

Special provisions as to orders subject to special parliamentary procedure

236

• (1) Where an order under section 198, 201 or 224 of this Act is subject to special parliamentary procedure, then—

• (a) if the order is confirmed by Act of Parliament under section 2(4), as read with section 10, of the Statutory Orders (Special Procedure) Act 1945, or under section 6 of that Act, the provisions of sections 231 and 232 of this Act shall not apply to the order;

• (b) in any other case, section 232 of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

• (2) Where by virtue of Part XI of this Act any such action as is mentioned in section 235 of this Act is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

• (a) if the order in which the action is embodied is confirmed by Act of Parliament under the said Act of 1945, the provisions of sections 231 and 233 of this Act shall not apply;

• (b) in any other case, the provisions of section 233 of this Act shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the date on which the order becomes operative under the said Act of 1945.

Part XIII — Financial Provisions

Grants for development, etc.

Grants for development, etc.

237

Maximum amount of grants under s. 237

238

• (1) Subject to the following provisions of this section, the amount of any grant paid to a local authority in accordance with regulations made under section 237 of this Act—

• (a) where that amount is calculated by reference to annual costs incurred or treated as incurred by the authority in respect of the borrowing of money to defray expenditure in respect of which the grant is made, or by reference to the excess of such annual costs over the receipts, or the annual value of receipts, mentioned in subsection (3)(b) of that section, shall not exceed an amount equal to fifty per cent, of those costs, or of that excess, as the case may be;

• (b) in any other case, shall not exceed an amount equal to fifty per cent, of the amount of the expenditure in respect of which the grant is made.

• (2) In respect of land of any of the following descriptions, that is to say—

• (a) land comprised in a compulsory purchase order made by a local planning authority under the Act of 1945 or the Act of 1947, and confirmed before 26th February 1954, being land acquired for war-damage redevelopment ;

• (b) land acquired by agreement for war-damage redevelopment with the consent of the Secretary of State given before that date;

• (c) land appropriated by a local planning authority for war damage redevelopment before that date; and

• (d) land acquired or appropriated for war-damage redevelopment (whether before or after that date), being land contiguous or adjacent to land falling within any of the preceding paragraphs,

subsection (1)(a) of this section shall apply (subject to subsection (3) of this section) as if for the words " fifty per cent" there were substituted the words " ninety per cent. ".

• (3) Subsection (2) of this section shall not authorise the payment, in the case of any land, of a grant at a higher rate in respect of a year or part of a year which, together with the preceding years or parts of years in respect of which grants at a higher rate have been paid in the case of that land, would extend beyond a total period of eight years.

• (4) In this section "war-damage redevelopment" means the redevelopment as a whole of an area of extensive war damage, and includes the relocation of population or industry, or the replacement of open space, in the course of such redevelopment.

• (5) In this section references to a grant at a higher rate are references to a grant of an amount which—

• (a) was or would have been authorised by section 89 of the Act of 1947 as that section had effect or would have had effect apart from section 52 of the Act of 1954 and the Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 and this Act; but

• (b) otherwise than by virtue of the provisions of the Act of 1954 corresponding to subsections (2) and (3) of this section, was not or would not have been authorised by the provisions substituted by the Act of 1954 for the said section 89.

Supplementary provisions as to grants under s. 237

239

• (1) Any approval of the Secretary of State required for the purposes of the payment of grant under section 237 of this Act in connection with the acquisition of land may be given subject to compliance with requirements imposed by the Secretary of State for securing that any negotiations for the acquisition of the land by the local planning authority will be carried out by the Valuation Office, and that any valuation of the land for the purposes of the acquisition, or for any purposes of the regulations, will be made by that office.

• (2) Subject to subsection (1) of this section, any regulations made for the purposes of section 237 of this Act may make provision whereby the payment of grants in pursuance of the regulations is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local planning authorities to whom grants have been so paid to comply with such requirements as may be so determined.

Grants for research and education

Grants for research and education

240

The Secretary of State may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.

Contributions to certain expenditure

Contributions by Ministers towards compensation paid by local authorities

241

Where compensation is payable by a local authority under this Act in consequence of any decision or order given or made under—

• (a) Part III or Part IV of this Act;

• (b) sections 84 to 96 of this Act;

• (c) the provisions of Part IX of this Act relating to purchase notices;

• (d) Schedule 7 to this Act,

then if that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of moneys provided by Parliament, the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

Contributions by local authorities and statutory undertakers

242

• (1) Without prejudice to section 5(9) of the Roads (Scotland) Act 1984 (power of local roads authority to contribute towards costs incurred by Secretary of State in construction or improvement of trunk road), any local authority may contribute towards any expenses incurred by a local roads authority or the Secretary of State in the acquisition of land under Part VI of this Act, or in the construction or improvement of roads on land so acquired, or in connection with any development required in the interests of the proper planning of the area of the local authority.

• (2) Any local authority and any statutory undertakers may contribute towards—

• (a) any expenses incurred by a. . . planning authority in or in connection with the carrying out of a survey or the preparation of a structure plan or local plan under Part II of this Act;

• (b) any expenses incurred by a. . . planning authority in or in connection with the performance of any of their functions under Part III (except section 25), Part IV, Part V (except sections 91A, 91B, 97 and 99) or Part VI (except section 116) of this Act, under the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices or under Schedule 10 to this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance for acquisition of property where objection made to blight notice in certain cases

243

A local authority may, subject to such conditions as may be approved by the Secretary of State, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 183 of this Act specifying the grounds mentioned in subsection (2)(d) of that section as, or as one of, the grounds of objection if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 181(4)(a) of this Act.

Recovery of compensation etc.

Recovery from acquiring authorities of sums paid by way of compensation

244

• (1) Where an interest in land is compulsorily acquired, or is sold to an authority possessing compulsory purchase powers, and any of the land comprised in the acquisition or sale is land in respect of which a notice to which this section applies is recorded (whether before or after the completion of the acquisition or sale) in respect of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 155(5A) of this Act) is to be treated as attributable to that land.

• (2) This section applies to notices recorded under . . . section 155(5) of this Act.

• (3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land comprised therein to which a person other than the acquiring authority is entitled, the sum referred to in subsection (1) of this section shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.

• (4) No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.

• (5) Where by virtue of the preceding provisions of this section the Secretary of State recovers a sum in respect of any land, by reason that it is land in respect of which a notice is recorded under the provisions of section 147(4) of this Act as applied by section 155 of this Act, section 157(2) and (3) of this Act shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 157(2) of this Act.

Recovery from acquiring authorities of sums paid in respect of war-damaged land

245

Sums recoverable from acquiring authorities reckonable for purposes of grant

246

Where a sum is recoverable from an authority under section 244 . . . of this Act by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under an enactment, the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

Expenses and receipts of Secretary of State

Expenses of government departments

247

• (1) The following expenses of the Secretary of State shall be paid out of moneys provided by Parliament, that is to say—

• (a) any expenses incurred by the Secretary of State under subsection (2) of section 48 of this Act or under that subsection as applied by subsection (7) of section 61 of this Act, or in the payment of expenses of any committee established under the said section 61;

• (b) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under section 145 . . . Part VIII of this Act;

• (c) any expenses incurred by the Secretary of State under Part X of this Act;

• (d) any expenses incurred by the Secretary of State in the making of grants. . . under section 240 of this Act;

• (e) subject to the provisions of subsection (4) of section 248 of this Act, any instalment payable by the Secretary of State under subsections (2) and (3) of that section;

• (f) any administrative expenses incurred by the Secretary of State for the purposes of this Act.

• (2) There shall be paid out of moneys provided by Parliament any expenses incurred by any government department (including the Secretary of State)—

• (a) in the acquisition of land under Part VI of this Act;

• (b) in the payment of compensation under section 108(4), 226(2) or 266 of this Act;

• (c) under section 118(2)(b) of this Act; or

• (d) under section 241 of this Act.

Payments under s. 56 of Act of 1947 and Parts I and V of Act of 1954

248

General provision as to receipts of Secretary of State

249

. . .Subject to the provisions of section 157 of this Act, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

Expenses of local authorities

Expenses of, and borrowing by, local authorities

250

• (1) Any expenses incurred by a local roads authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall be defrayed in like manner as expenses incurred by the authority on roads.

• (2) Any expenses incurred by a local authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act in pursuance of a purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority, shall be defrayed in like manner as other expenses incurred by that authority for the purposes of that function.

• (3) A local authority may borrow for the purposes of this Act in accordance with the provisions of Part VII of the Local Government (Scotland) Act 1973

• (4) Nothing in this section shall authorise the exercise of the power of borrowing money thereby conferred otherwise than in compliance with the provisions of the Local Authorities Loans Act 1945 and of any orders for the time being in force made by the Treasury under section 1 of the Borrowing (Control and Guarantees) Act 1946.

Part XIV — Application of Act to Special Cases

Minerals

Power to modify Act in relation to minerals

251

• (1) In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

• (1A) In this Act—

• . . .

• “mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.

• (2) Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

• (3) Any regulations made by virtue of subsection (1) of this section shall not apply—

• (a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) to the winning and working of peat by any person for the domestic requirements of that person;

and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

Modification of Mines (Working Facilities and Support) Act 1966

252

Crown land

Exercise of powers in relation to Crown land

253

• (1) Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

• (a) a plan approved, adopted or made under Part II of this Act may include proposals relating to the use of Crown land, and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

• (b) any restrictions or powers imposed or conferred by Part III, Part IV or Part V of this Act, by the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices, or by any of the provisions of sections 214 to 217 of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown;

• (c) a building which for the time being is Crown land may be included in a list compiled or approved by the Secretary of State under section 52 of this Act.

• (2) Except with the consent of the appropriate authority—

• (a) no order or notice shall be made or served under any of the provisions of sections 49 , 49A, 49B 56J 58, 63, 83C, 84, 84AB, 87, [87AA]92 or 97B of this Act or under any of those provisions as applied by any order or regulations made under Part IV of this Act, in relation to land which for the time being is Crown land;

• (b) no interest in land which for the time being is Crown land shall be acquired compulsorily under Part VI of this Act.

• (3) No enforcement notice shall be served under section 84 of this Act in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

• (4) No listed building enforcement notice shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.

• (5) No purchase notice or listed building purchase notice shall be served in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on terms that the price payable for it shall be equal to (and shall, in default of agreement, be determined in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of a purchase notice, and that offer has been refused by the appropriate authority.

• (6) The rights conferred by the provisions of sections 181 to 196 of this Act shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.

• (7) In this Part of this Act “Crown land” means land in which there is a Crown interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; and for the purposes of this section and section 254 of this Act “the appropriate authority”, in relation to any land—

• (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

• (b) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

Agreements relating to Crown land

254

• (1) The appropriate authority and the. . . planning authority for the district in which any Crown land is situated may make agreements

• (a) for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable thereto; and

• (b) for the purpose of restricting or regulating the development or use of the land,

either permanently or during such period as may be prescribed by the agreement.and any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement.

• (1A) Subject to subsection (1B) of this section an agreement made under subsection (1)(b) of this section may, if it has been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, be enforceable at the instance of the planning authority against persons deriving title to the land from the appropriate authority.

• (1B) An agreement made under subsection (1)(b) of this section shall not be enforceable against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded or, as the case may be, registered as aforesaid or against any person deriving title from such a third party.

• (2) An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.

• (3) In considering whether to make or approve an agreement under this section relating to land belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to Crown interest

255

• (1) Subject to subsection (2) of this section, where there is a Crown interest in any land, the provisions of sections 155 to 157 of this Act, and the provisions of Schedule 22 to this Act in so far as they relate to those sections, shall have effect in relation to any private interest as if the Crown interest were a private interest.

• (2) In this section “private interest” means an interest which is not a Crown interest.

Local planning authorities

Application to local planning authorities of provisions as to planning control and enforcement

256

• (1) In relation to land of. . . planning authorities, and to the development by local authorities of land in respect of which they are the. . . planning authorities, the provisions of this Act specified in Part III of Schedule 19 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

• (2) Subject to the provisions of section 37 of this Act, any such regulations may in particular provide for securing—

• (a) that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under the said provisions, shall be made to the Secretary of State and not to the. . . planning authority;

• (b) that any order or notice authorised to be made or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the. . . planning authority.

• (3) Sections 23, 24 and 26(2) and (3) of this Act shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1) of this section, as they apply in relation to applications for planning permission which fall to be determined by the. . . planning authority.

Application to local planning authorities of provisions as to listed buildings

257

The provisions of this Act specified in Part IV of Schedule 19 to this Act shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.

Special provisions as to statutory undertakers who are local planning authorities

258

In relation to statutory undertakers who are. . . planning authorities, section 230 of this Act and the provisions specified in subsection (2) of that section shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

Special case

National Coal Board

259

Part XV — Miscellaneous and Supplementary Provisions

Default powers of Secretary of State

260

• (1) If it appears to the Secretary of State, after consultation with the. . . planning authority, to be expedient that any order to which this subsection applies should be made, he. . . may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the. . . planning authority and confirmed by the Secretary of State under Part III or IV of this Act or, in the case of a tree preservation order under section 58 of this Act, as if it had been made and confirmed by the planning authority.

• (2) Subsection (1) of this section applies to the following orders, that is to say—

• (a) orders under section 42 of this Act, or under the provisions of that section as applied by any order or regulations made under Part IV of this Act;

• (b) orders under section 49 of this Act;

• (ba) orders under section 49A of this Act;

• (bb) orders under section 49B of this Act;

• (c) tree preservation orders and orders amending or revoking them.

• (3) The provisions of Part III or Part IV of this Act, and of any regulations made thereunder, with respect to the procedure to be followed in connection with the submission by the. . . planning authority of any order to which subsection (1) of this section applies, with respect to the confirmation of such an order by the Secretary of State, and with respect to the service of copies thereof as so confirmed, shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1) of this section, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

• (4) Without prejudice to subsection (3) of this section, where the Secretary of State proposes under subsection (1) of this section to make any such order as is mentioned in subsection (2)(a) or (b) of this section he shall serve a notice of the proposal on the. . . planning authority; and if within such period as may be specified in the notice (not being less than twenty-eight days from the date of service) the authority so require, the Secretary of State before making the order shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

• (5) If it appears to the Secretary of State, after consultation with the. . . planning authority, to be expedient that—

• (a) a completion notice under section 41 of this Act; or

• (b) . . .

• (c) an enforcement notice under section 84 of this Act,. . . ; or

• (d) a stop notice under section 87 of this Act; or

• (e) a listed building enforcement notice,

should be served in respect of any land, he. . . may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . planning authority:

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to transfer planning functions of town councils of small burghs to county councils

261

Designation of conservation areas

262

• (1) Every planning authority shall from time to time determine which parts of their district are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may from time to time, after consultation with a planning authority, determine that any part of the authority’s district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

• (5) Before making a determination under this section, a planning authority shall consult the planning authority of each district of which any part is included in the area to which the proposed determination relates.

• (6) A planning authority shall give notice to the Secretary of State of the designation of any part of their district as a conservation area under subsection (1) or (2) above, and of any variation or cancellation of any such designation, and the Secretary of State shall give notice to a planning authority of the designation of any part of their district as a conservation area under subsection (4) above, and of any variation or cancellation of any such designation; and a notice under this subsection shall contain sufficient particulars to identify the area affected.

• (7) Notice of any such designation, variation or cancellation as is mentioned in subsection (6) above, with particulars of its effect, shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the district of the planning authority, by that authority or, as the case may be, the Secretary of State.

• (8) Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the Historic Buildings and Ancient Monuments Act 1953 or the Local Authorities (Historic Buildings) Act 1962.

• (9) Every planning authority shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a conservation area.

Assumptions as to planning permission in determining value of interests in land

263

Recovery, on subsequent development, of payments in respect of war-damaged land

264

Rights of entry

265

• (1) Any person duly authorised in writing by the Secretary of State or by a. . . planning authority may at any reasonable time enter upon any land for the purpose of surveying it in connection with—

• (a) the preparation, approval, adoption, making or amendment of a structure plan or local plan relating to the land under Part II of this Act, including the carrying out of any survey under that Part;

• (b) any application under Part III or section . . .61 of this Act, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part III or section 61 of this Act or under any such order or regulations;

• (c) any proposal by the. . . planning authority or by the Secretary of State to make or serve any order or notice under Part III (other than section 41), Part IV other than sections 58 to 60 or sections 92 to 97BC and 101 of this Act, or under any order or regulations made thereunder or any notice under section 105 of this Act.

• (1A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

• (a) any application for hazardous substances consent;

• (b) any proposal to issue a hazardous substances contravention notice.

• (2) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter upon any land for the purpose of surveying any building on that or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 52 of this Act.

• (2A) Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for the purpose—

• (a) . . .

• (b) of ascertaining whether a stop notice or an enforcement notice is being complied with.

• (3) Any person duly authorised in writing by the Secretary of State or a. . . planning authority may at any reasonable time enter upon any land for the purpose of ascertaining whether, with respect to any building on that or any other land, an offence has been, or is being, committed under section 53 or 94 of, or Schedule 10 to, this Act, or whether the building is being maintained in a proper state of repair.

• (4) Any person duly authorised in writing by the Secretary of State, a. . . planning authority or a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether—

• (a) an offence appears to have been committed under section 55 of this Act; or

• (b) any of the functions conferred by section 97 . . . of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

• (4A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.

• (5) Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under . . . this Act in respect of that land or any other land.

• (6) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a. . . planning authority, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the. . . planning authority under Part VIII of this Act (other than section 164), under section 201(5) of this Act or under Part XI of this Act (other than section 163 or 226(2) or 227(1)(c)).

• (7) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 102 or 103 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

• (7A) Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.

• (8) Subject to the provisions of section 266 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to rights of entry

266

• (1) A person authorised under section 265 of this Act to enter upon any land shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier.

• (2) Any person who wilfully obstructs a person acting in the exercise of his powers under section 265 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) If any person who, in compliance with the provisions of section 265 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the land, be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

• (4) Where any damage is caused to land or moveable property in the exercise of a right of entry conferred under section 265 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation may be recovered by any person suffering the damage from the Secretary of State or authority on whose behalf the entry was effected.