Town and Country Planning (Scotland) Act 1997

• (d) any compensation to which this section applies which is payable in respect of the interest which is subject to the heritable security shall be paid to the creditor in the security, or if there is more than one such creditor, to the creditor whose security ranks first, and shall in either case be applied by him as if it were proceeds of sale by him under the powers competent to creditors in heritable securities.

• (5) Except in so far as may be provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal.

• (6) In relation to the determination of any such question, the provisions of sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

Provision of amenity for road reserved to pedestrians.

205

• (1) Where an order has been made under section 203(2) in relation to a road, a competent authority may carry out and maintain any such works on or in the road, or place on or in it any such objects or structures, as appear to them—

• (a) to be expedient for the purposes of—

• (i) giving effect to the order, or

• (ii) enhancing the amenity of the road and its immediate surroundings, or

• (b) to be otherwise desirable for a purpose beneficial to the public.

• (2) The powers exercisable by a competent authority under this section include—

• (a) laying out any part of the road with lawns, trees, shrubs and flowerbeds, and

• (b) providing facilities for recreation or refreshment.

• (3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the road, but shall not so exercise them as—

• (a) to prevent persons from entering the road at any place where they could enter it before the order under section 203 was made,

• (b) to prevent the passage of the public along the road,

• (c) to prevent normal access by pedestrians to premises adjoining the road,

• (d) to prevent any use of vehicles which is permitted by an order made under section 203 and applying to the road,

• (e) to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the road, or

• (f) to prevent the operator of an electronic communications code network from having access to any works of his under, in, on, over, along or across the road.

• (4) An order under section 203(6) may make provision requiring the removal of any obstruction of the road resulting from the exercise by a competent authority of their powers under this section.

• (5) The competent authorities for the purposes of this section are local authorities, and a competent authority shall not exercise any powers conferred by this section, if they are not the roads authority, without obtaining the consent of that authority.

Extinguishment of public rights of way over land held for planning purposes.

206

• (1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated—

• (a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

• (b) subject to paragraph 5 of Schedule 16, the local authority may by order extinguish any such right over the land if they are so satisfied.

• (2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 201 as if this section were in Part VIII.

Powers of planning authorities to stop up roads, etc.

Roads affected by development: orders by planning authorities.

207

• (1) Subject to paragraph 5 of Schedule 16 and to subsection (5), a planning authority may by order authorise the stopping up or diversion of any road which is not—

• (a) a trunk road within the meaning of the Roads (Scotland) Act 1984, or

• (b) a special road provided by the Secretary of State in pursuance of a scheme under that Act,

if they are satisfied that it is necessary to do so in order to enable the development to be carried out in accordance with planning permission granted under Part III or section 242A, or by a government department.

• (2) An order under this section—

• (a) may make such provision as appears to the planning authority to be necessary or expedient for the construction or improvement of any other road (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1)) and may direct that the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984, and

• (b) may contain such incidental and consequential provisions as appear to the planning authority to be necessary or expedient, including in particular—

• (i) provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in section 202(4)(a), and

• (ii) such provision as is mentioned in section 202(4)(b).

• (3) An order may be made under this section authorising the stopping up or diversion of any road (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1)) which is temporarily stopped up or diverted under any other enactment.

• (4) This section is without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a road.

• (5) The planning authority shall not make an order under this section without consulting the roads authority (in a case where they are themselves not that authority).

Footpaths and bridleways affected by development: orders by planning authorities.

208

• (1) Subject to paragraph 5 of Schedule 16, a planning authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied that it is necessary to do so in order to enable the development to be carried out—

• (a) in accordance with planning permission granted under Part III or section 242A, or

• (b) by a government department.

• (2) An order under this section may, if the planning authority are satisfied that it should do so, provide—

• (a) for the creation of an alternative footpath or bridleway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing path or way for such use;

• (b) for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping up or diversion, creation or improvement, provision is made by the order;

• (c) for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway;

• (d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

• (3) An order may be made under this section authorising the stopping up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

• (4) This section applies in relation to any land which is a core path (within the meaning of Part 1 of the Land Reform (Scotland) Act 2003 (asp 2)) as it applies in relation to footpaths and bridleways.

Procedure

Procedure for making and confirming orders by Secretary of State and planning authorities.

209

Schedule 16 shall have effect in relation to the procedure for the making and confirming of orders under this Part by the Secretary of State and planning authorities.

Recovery of costs of making orders.

210

• (1) Where a person requests a local authority to make an order to which this subsection applies, the local authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

• (2) The orders to which subsection (1) applies are orders under any of the following enactments—

• (a) section 203 (orders extinguishing the right to use vehicles on a road);

• (b) section 207 (orders authorising the stopping up or diversion of certain roads);

• (c) section 208 (orders authorising the stopping up or diversion of footpaths or bridleways);

• (d) section 34 of the Countryside (Scotland) Act 1967 (orders as regards the closure of public paths); and

• (e) section 35 of that Act (orders as regards the diversion of public paths).

Supplementary provisions

Concurrent proceedings in connection with roads.

211

• (1) In relation to orders under sections 202, 203 and 207, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 104(1)(b)(i) of the Roads (Scotland) Act 1984 may be taken concurrently with any proceedings required to be taken for the purposes of the order.

• (2) In relation to orders under section 206(1)(a) or (b), regulations may make provision for securing—

• (a) that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished, or

• (b) that any proceedings required to be taken for the purposes of the acquisition of any other land under section 104(1)(b)(ii) of the Roads (Scotland) 1984 Act may be taken concurrently with either or both of the proceedings referred to in the preceding paragraph.

Electronic communications apparatus .

212

• (1) Where in pursuance of an order under section 202, 203 or 207 a road is stopped up, diverted or changed and immediately before the date on which the order became operative there was under, in, on, over, along or across the road any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the operator of that network shall have the same powers in respect of the electronic communications apparatus as if the order had not come into force.

• (2) Notwithstanding subsection (1), any person entitled to land over which the road subsisted shall be entitled to require the alteration of the apparatus.

• (3) Where—

• (a) any such order provides for the improvement of a road for which the Secretary of State is not the roads authority, and

• (b) immediately before the date on which the order came into force, there was under, in, on, over, along or across the road any electronic communications apparatus kept installed for the purposes of an electronic communications code network,

the local roads authority shall be entitled to require the alteration of the apparatus.

• (4) Subsection (3) does not have effect so far as it relates to the alteration of any electronic communications apparatus for the purpose of authority’s works within the meaning of Part IV of the New Roads and Street Works Act 1991.

• (5) Where an order under section 206(1)(b) extinguishing a public right of way or an order under section 208 authorising the stopping up or diversion of any footpath or bridleway is made by a planning authority and, at the time of the publication of the notice required by paragraph 6 of Schedule 16, any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted—

• (a) the power of the operator of the network to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of 3 months from the date on which the right of way is extinguished or, as the case may be, the footpath or bridleway is stopped up or diverted and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the network has given notice to the authority which made the order of his intention to remove the apparatus or that part of it, as the case may be;

• (b) the operator of the network may by notice given to the authority which made the order not later than the end of the said period of 3 months abandon the electronic communications apparatus or any part of it;

• (c) subject to paragraph (b), the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove;

• (d) the operator of the network shall be entitled to recover from the authority which made the order the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any electronic communications apparatus in such other place as the operator may require; and

• (e) where under the preceding provisions of this subsection the operator of the network has abandoned the whole or any part of any electronic communications apparatus that apparatus or that part of it shall vest in the authority which made the order and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.

• (6) As soon as reasonably practicable after the making of any such order as is mentioned in subsection (5) in circumstances in which that subsection applies in relation to the operator of an electronic communications code network, the authority which made the order shall give notice to the operator of the making of the order.

• (7) Paragraph 108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.

• (8) Part 6 of the electronic communications code (rights to require removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Temporary road orders: mineral workings

Temporary stopping up of roads, footpaths and bridleways for mineral workings.

213

• (1) Where the Secretary of State is satisfied—

• (a) that an order under section 202 for the stopping up or diversion of a public road is required for the purpose of enabling minerals to be worked by surface working, and

• (b) that the road can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

the order may provide for the stopping up or diversion of the road during such period as may be prescribed by or under the order and for its restoration at the expiration of that period.

• (2) Where a planning authority are so satisfied in respect of an order under section 207, the order may so provide.

• (3) Where a planning authority are satisfied—

• (a) that an order under section 208 for the stopping up or diversion of a footpath or bridleway is required for the purpose of enabling minerals to be worked by surface working, and

• (b) that the footpath or bridleway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

the order may provide for the stopping up or diversion of the footpath or bridleway during such period as may be prescribed by or under the order and for its restoration at the expiration of that period.

• (4) Without prejudice to the provisions of section 202, 207 or 208, where provision is made in any order by virtue of subsection (1), (2) or (3) that order may also contain such provisions as appear to the Secretary of State or, as the case may be, the planning authority to be expedient—

• (a) for imposing upon persons who, apart from the order, would be subject to any liability with respect to the repair of the original road, footpath or bridleway during the period prescribed by or under the order a corresponding liability in respect of any road, footpath or bridleway provided in pursuance of the order;

• (b) for the stopping up at the expiry of that period of any road, footpath or bridleway so provided and for the reconstruction and maintenance of the original road, footpath or bridleway;

and any provision included in the order in accordance with section 202(4), section 207(2) or section 208(2) requiring payment to be made in respect of any cost or expenditure under the order may provide for the payment of a capital sum in respect of the estimated amount of that cost or expenditure.

• (5) In relation to any road which is stopped up or diverted by virtue of an order under section 202 or 207, sections 224 and 225 shall have effect as if—

• (a) for references to land which has been acquired as there mentioned and to the purchasing authority there were substituted respectively references to land over which the road subsisted and to the person entitled to possession of that land, and

• (b) references in subsection (6) of each of those sections to a planning authority or statutory undertaker included references to any person (other than the Secretary of State) who is entitled to possession of that land,

and sections 228 to 231 shall have effect accordingly.

Part X — Statutory Undertakers

Preliminary

Meaning of “statutory undertakers”.

214

• (1) Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power or water and a relevant airport operator (within the meaning of Part V of the Airports Act 1986).

• (2) Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of Part V of the Airports Act 1986), means an airport to which that Part of that Act applies.

• (3) Subject to subsections (5) to (5B), for the purposes of the provisions mentioned in subsection (4) any public gas transporter, any universal postal service provider in connection with the provision of a universal postal service, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) shall be deemed to be statutory undertakers and their undertakings statutory undertakings.

• (4) The provisions referred to in subsection (3) are sections 26, 57, 69, 70, 77(3), 90 to 92, 94, 99, 121(11)(b), 194(2)(a), 196 to 198, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), and Schedules 6, 7, 14 and 16.

• (5) Subsection (4) shall apply—

• (a) as respects a universal postal service provider in connection with the provision of a universal postal service, as if the reference to sections 26, 194(2)(a), 196, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2) and 277(2) and (3) were omitted;

• (b) as respects the Civil Aviation Authority, as if the references to sections 200, 215(1) and (2) and 277(2) and (3) were omitted and the reference to Schedule 16 included the words “except paragraph 3”; and

• (c) as respects any public gas transporter, as if the reference to Schedule 7 were omitted and the reference to Schedule 16 included the words “except paragraphs 1 and 3”.

• (5A) For the purposes of this Act—

• (a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

• (b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

• (5B) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

• (6) Any holder of a licence under section 6 of the Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking—

• (a) for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;

• (b) for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and

• (c) for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to that Act.

• (7) The provisions referred to in subsection (6) are—

• (a) sections 26, 77(3), 90 to 92, 94, 99, 194(2)(a), 196, 200, 205(3)(e), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), Schedule 14 and paragraphs 2(2)(a) and (3)(a) of Schedule 16;

• (b) sections 121(11)(b), 197 and 198; and

• (c) sections 202(4)(b) and 208(2) and paragraphs 1, 6(2)(b)(iii) and (3), 8(5) and (7) and 9(1), (3) and (4) of Schedule 16.

Meaning of “operational land”.

215

• (1) Subject to the following provisions of this section and to section 216, in this Act “operational land” means, in relation to statutory undertakers—

• (a) land which is used for the purpose of carrying on their undertaking, and

• (b) land in which an interest is held for that purpose.

• (2) Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

• (2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

• (2B) Subject to section 216, in this Act “ operational land ” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

• (a) which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

• (b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

• (2C) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

• (2D) Subsection (1) does not apply in relation to a universal postal service provider.

• (2E) Subject to subsections (3) and (4) and section 216, in this Act “operational land” means, in relation to a universal postal service provider, land—

• (a) which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or

• (b) in which the provider, or a company associated with him, holds an interest for any such purpose

• (3) In sections 77(3), 218 to 236 and paragraph 6 of Schedule 6 “operational land”, in relation to a universal postal service provider. and the Civil Aviation Authority, means land of the Post Office’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.

• (4) Such regulations—

• (a) may define a class of land by reference to any circumstances whatsoever, and

• (b) in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.

• (5) In the case of a universal postal service provider or the Civil Aviation Authority, if any question arises as to whether land belonging to either of them falls within a class defined by such regulations, it shall be determined by the Secretary of State.

Cases in which land is to be treated as not being operational land.

216

• (1) This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—

• (a) the interest was acquired by them on or after 8th December 1969, or

• (b) it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1947 Act.

• (2) Where this section applies in respect of any land then, notwithstanding the provisions of section 215, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).

• (3) Land falls within this subsection if—

• (a) there is, or at some time has been, in force with respect to it a specific planning permission for its development, and

• (b) that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.

• (4) Land falls within this subsection if—

• (a) the statutory undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the Transport Act 1968, the Gas Act 1986 or the Airports Act 1986 from other statutory undertakers, and

• (b) immediately before transfer the land was operational land of those other undertakers.

• (5) A specific planning permission for the purpose of subsection (3)(a) is a planning permission—

• (a) granted on an application in that behalf made under Part III or section 242A,

• (b) granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval,

• (c) granted by a special development order in respect of development specifically described in the order,

• (d) deemed to be granted by virtue of a direction of a government department under section 57(1), or

• (e) deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.

• (6) In subsection (5)—

• (a) the reference in paragraph (a) to Part III includes a reference to Part III of the 1972 Act and the enactments in force before the commencement of that Act and replaced by Part III of it,

• (b) the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised—

• (i) by a local or private Act of Parliament or by a private Act of the Scottish Parliament,

• (ii) by an order approved by both Houses of Parliament or by the Scottish Parliament, . . .

• (iii) by an order which has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act 1945, ;or

• (iv) by an order which has been brought into operation in accordance with the provisions of the Scotland Act 1998 (Transitory and Transitional Provisions) (Orders subject to Special Parliamentary Procedure) Order 1999 or of an enactment comprised in, or contained in an instrument made under, an Act of the Scottish Parliament providing, or making provision for, the special procedure referred to in section 94(2) of the Scotland Act 1998

being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out, and

• (c) the reference in paragraph (d) to section 57(1) includes a reference to section 37 of the 1972 Act and section 32 of the 1947 Act.

• (7) This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the Post Office Act 1969.

• (8) Where an interest in land is held by

• (a) the Civil Aviation Authority;

• (b) a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000; or

• (c) a company associated with such a person,

this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority person or company for the purposes of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

217

Application of Part III to statutory undertakers

Applications for planning permission by statutory undertakers.

218

• (1) Where—

• (a) an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Scottish Ministers under Part III, or

• (b) an appeal is made to the Scottish Ministers under that Part from the decision on such an application, ...

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

the application or appeal shall be dealt with by the Scottish Ministers.

• (2) Subsection (1) applies to—

• (a) operational land, and

• (b) land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

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

• (4) Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed.

Conditional grants of planning permission.

219

Notwithstanding anything in Part III, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring—

• (a) that any buildings or works authorised by the permission shall be removed, or

• (b) that any use of the land so authorised shall be discontinued,

at the end of a specified period.

Development requiring authorisation of government department.

220

• (1) Scottish Ministersshall not be required under section 218(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development.

• (2) Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission.

• (3) For the purposes of this section development shall be taken to be authorised by a government department if—

• (a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment,

• (b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development,

• (c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose,

• (d) authority is given by the department—

• (i) for the borrowing of money for the purpose of the development, or

• (ii) for the application for that purpose of any money not otherwise so applicable, or

• (e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the authorisation of a government department shall be construed accordingly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

221

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

223

Extinguishment of rights of statutory undertakers, etc.

Extinguishment of rights of statutory undertakers: preliminary notices.

224

• (1) This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—

• (a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

• (b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

• (2) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

• (3) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the statutory undertakers a notice—

• (a) stating that at the end of the relevant period the right will be extinguished, or

• (b) requiring that before the end of that period the apparatus shall be removed.

• (4) The statutory undertakers on whom a notice is served under subsection (3) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

• (a) stating that they object to all or any of the provisions of the notice, and

• (b) specifying the grounds of their objection.

• (5) If no counter-notice is served under subsection (4)—

• (a) any right to which the notice relates shall be extinguished at the end of the relevant period, and

• (b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

• (6) If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—

• (a) withdraw the notice (without prejudice to the service of a further notice), or

• (b) apply to the Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

• (7) If a counter-notice is served under subsection (4) on the Scottish Ministers—

• (a) the Scottish Ministers may withdraw the notice (without prejudice to the service of a further notice), or

• (b) the Scottish Ministers may make an order under this section embodying the provisions of the notice, with or without modification.

• (8) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.

Extinguishment of rights of telecommunications code system operators: preliminary notices.

225

• (1) This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—

• (a) there subsists over that land a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

• (b) there is on, under or over the land electronic communications apparatus kept installed for the purposes of any such network.

• (2) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

• (3) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of the electronic communications code network a notice—

• (a) stating that at the end of the relevant period the right will be extinguished, or

• (b) requiring that before the end of that period the apparatus shall be removed.

• (4) The operator of the electronic communications code network on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

• (a) stating that he objects to all or any of the provisions of the notice, and

• (b) specifying the grounds of his objection.

• (5) If no counter-notice is served under subsection (4)—

• (a) any right to which the notice relates shall be extinguished at the end of the relevant period, and

• (b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

• (6) If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—

• (a) withdraw the notice (without prejudice to the service of a further notice), or

• (b) apply to the Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

• (7) If a counter-notice is served under subsection (4) on the Scottish Ministers—

• (a) they may withdraw the notice (without prejudice to the service of a further notice), or

• (b) theymay make an order under this section embodying the provisions of the notice, with or without modification.

• (8) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.

Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.

226

• (1) Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 224(1) or 225(1) and—

• (a) there is on, under or over the land any apparatus vested in or belonging to statutory undertakers, and

• (b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

• (2) No notice under this section shall be served later than 21 days after the beginning of the development of land which has been acquired or appropriated as mentioned in section 224(1) or, as the case may be, 225(1).

• (3) Where a notice is served under this section, the authority on whom it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice—

• (a) stating that they object to all or any of the provisions of the notice, and

• (b) specifying the grounds of their objection.

• (4) If no counter-notice is served under subsection (3), the statutory undertakers shall, after the end of that period, have the rights claimed in their notice.

• (5) If a counter-notice is served under subsection (3), the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Scottish Ministers for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

• (6) Where, by virtue of this section or of an order of the Scottish Ministers under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

• (7) In subsection (1)(a), the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network.

• (8) For the purposes of subsection (7), in this section—

• (a) references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such network, and

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

Orders under sections 224 and 225.

227

• (1) Where the Scottish Ministers propose to make an order under section 224(7) or 225(7), they shall prepare a draft of the order.

• (2) Before making an order under subsection (6) or (7) of section 224, or under subsection (6) or (7) of section 225, the Scottish Ministersshall give the statutory undertakers or, as the case may be, the operator of the electronic communications code network on whom notice was served under subsection (3) of section 224 or, as the case may be, under subsection (3) of section 225 an opportunity of objecting to the application for, or proposal to make, the order.

• (3) If any such objection is made, before making the order the Ministers shall cause an inquiry to be held and shall give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (6) of either of those sections, the planning authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Scottish Ministers .

• (4) After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.

• (5) Where an order is made under section 224 or 225—

• (a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order, and

• (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

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

Extension or modification of statutory undertakers’ functions

Extension or modification of functions of statutory undertakers.

228

• (1) The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Scottish Ministers to be expedient that the powers and duties of those undertakers should be extended or modified, in order—

• (a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a planning authority or the Scottish Ministers may be authorised under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment, or

• (b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).

• (2) Those acts and events are—

• (a) the acquisition under Part VIII or that Chapter or compulsorily 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 in question;

• (b) the extinguishment of a right or the imposition of any requirement by virtue of section 224 or 225;

• (c) a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);

• (d) the revocation or modification of planning permission granted on any such application;

• (e) the making of an order under section 71 or paragraph 1 of Schedule 8 in relation to any such land.

• (3) The powers conferred by this section shall also be exercisable where, on a representation made by a planning authority , it appears to the Scottish Ministers to be expedient that the powers and duties of statutory undertakers should be extended or modified in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the planning authority . . . making the representation may be authorised under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which the local authority . . . may compulsorily acquire land under any other enactment.

• (4) Where the powers conferred by this section are exercisable, the Scottish Ministers may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order—

• (a) to secure the services in question, as mentioned in subsection (1)(a) or (3), or

• (b) to secure the adjustment in question, as mentioned in subsection (1)(b),

as the case may be.

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

• (a) for empowering the statutory undertakers—

• (i) to acquire (whether compulsorily or by agreement) any land specified in the order, and

• (ii) 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), for giving effect to such financial arrangements between the planning authority . . . 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 Scottish Ministers to be expedient for the purposes of the order.

• (6) Orders under this section shall be subject to special parliamentary procedure.

Procedure in relation to orders under section 228.

229

• (1) As soon as possible after making such a representation as is mentioned in section 228(1) or (3) the statutory undertakers, the planning authority . . . making the representation shall publish notice of the representation.

• (2) A notice under subsection (1)—

• (a) shall be published in such form and manner as the Scottish Ministersmay direct,

• (b) shall give such particulars as they may direct of the matters to which the representation relates, and

• (c) shall specify the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made.

• (3) A similar notice shall be served—

• (a) on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and

• (b) if directed by the Scottish Ministers, on such persons, or persons of such classes, as may be so directed.

Relief of statutory undertakers from obligations rendered impracticable.

230

• (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, Scottish Ministers, if they think 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) applies to the following acts and events—

• (a) the compulsory acquisition under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 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 228(2)(b) to (e).

• (3) The Scottish Ministersmay direct statutory undertakers who have made a representation to them under subsection (1) to publicise it in either or both of the following ways—

• (a) by publishing in such form and manner as they may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made;

• (b) by serving such a notice on such persons, or persons of such classes, as they may direct.

• (4) The statutory undertakers shall comply with any direction given to them under subsection (3) as soon as practicable after the making of the representation under subsection (1).

• (5) 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.

• (6) Immediately after an order is made under this section by the Scottish Ministers, they shall—

• (a) 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

• (b) serve a similar notice—

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

• (ii) on such other persons (if any) as the Scottish Ministers think fit.

• (7) Subject to subsection (8), and to the provisions of Part XI, an order under this section shall become operative on the date on which the notice required by subsection (6) is first published.

• (8) Where in accordance with subsection (5) the order is subject to special parliamentary procedure, subsection (7) shall not apply.

Objections to orders under sections 228 and 230.

231

• (1) For the purposes of sections 228 and 230, an objection to the making of an order 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 section 229 or, as the case may be, section 230, 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) and is not withdrawn, the following provisions of this section shall have effect in relation to it.

• (3) Unless the Scottish Ministers decides without regard to the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, before they makes a final decision they—

• (a) shall consider the grounds of the objection as set out in the statement, and

• (b) may, if theythink 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 Scottish Ministers, 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 Scottish Ministers may treat the objection as irrelevant for the purpose of making a final decision.

• (5) If—

• (a) after considering the grounds of the objection as so set out, the Scottish Ministers is satisfied that, for the purpose of making a final decision, they is sufficiently informed as to the matters to which the objection relates, or

• (b) in a case where a further statement has been required, it is not submitted within the specified period,

the Scottish Ministers may make a final decision without further investigation as to those matters.

• (6) Subject to subsections (4) and (5), before making a final decision the Scottish Ministers shall give the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Scottish Ministers

• (7) If the objector takes that opportunity, the Scottish Ministers shall give an opportunity of appearing and being heard on the same occasion to the statutory undertakers, planning authority . . . on whose representation the order is proposed to be made, and to any other persons to whom it appears to them to be expedient to give such an opportunity.

• (8) Notwithstanding anything in the previous provisions of this section, if it appears to the Scottish Ministers that the matters to which the objection relates are such as to require investigation by public local inquiry before they makes a final decision, he shall cause such an inquiry to be held.

• (9) Where the Scottish Ministers determines to cause such an inquiry to be held, any of the requirements of subsections (3) to (7) to which effect has not been given at the time of that determination shall be dispensed with.

• (10) 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.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation

Right to compensation in respect of certain decisions and orders.

232

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

• (a) in respect of any decision made in accordance with section 218 by which 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 of section 216(6)(b));

• (b) in respect of any order under section 65, as modified by section 221, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.

• (2) Where by virtue of section 224—

• (a) any right vested in or belonging to statutory undertakers is extinguished, or

• (b) 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 by virtue of section 225—

• (a) any right vested in or belonging to an operator of an electronic communications code network is extinguished, or

• (b) any requirement is imposed on such an operator,

the operator shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

• (4) Where—

• (a) works are carried out for the removal or resiting of statutory undertakers’ apparatus, and

• (b) the undertakers have the right to carry out those works by virtue of section 226 or an order of the Scottish Ministers under that section,

the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

• (5) Subsection (1) shall not apply in respect of a decision or order if—

• (a) it relates to land acquired by the statutory undertakers after 7th January 1947, and

• (b) the Scottish Ministers include in the decision or order a direction that subsection (1) shall not apply to it.

• (6) The Scottish Ministers may give a direction under subsection (5) only if they 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 the decision or order in question.

• (7) For the purposes of this section the conditions referred to in sections 58 and 59 shall be disregarded.

Measure of compensation to statutory undertakers etc.

233

• (1) Where—

• (a) statutory undertakers are entitled to compensation—

• (i) as mentioned in subsection (1), (2) or (4) of section 232,

• (ii) under the provisions of section 83 in respect of an order made under section 71 or paragraph 1, 3, 5 or 6 of Schedule 8 as modified by section 222, or

• (iii) 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 Scottish Ministers’ certificate, or

• (b) the operator of an electronic communications code network is entitled to compensation as mentioned in section 232(3),

the amount of the compensation shall (subject to section 234) be an amount calculated in accordance with this section.

• (2) Subject to subsections (4) to (6), that amount shall be the aggregate of—

• (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 or, as the case may be, the provision of the electronic communications code network rendered necessary by the proceeding giving rise to compensation (a “business adjustment”),

• (b) the appropriate amount for loss of profits, and

• (c) where the compensation is under section 232(2) or (3) and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed.

• (3) In subsection (2) “the appropriate amount for loss of profits” means—

• (a) where a business adjustment is made, the aggregate of—

• (i) the estimated amount of any decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, and

• (ii) such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

• (b) where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network which is directly attributable to the proceeding giving rise to compensation.

• (4) Where a business adjustment is made, the aggregate amount mentioned in subsection (2) shall be reduced by such amount (if any) as appears to the tribunal referred to in section 235(2) to be appropriate to offset—

• (a) the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, the provision of the electronic communications code network 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 or the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment.

• (5) Where a business adjustment is made the aggregate amount mentioned in subsection (2) shall be further reduced by any amount which appears to that tribunal to be appropriate, having regard to any increase in the capital value of heritable property belonging to the statutory undertakers or the operator which is directly attributable to the adjustment, allowance being made for any reduction made under subsection (4)(b).

• (6) Where—

• (a) the compensation is under section 232(4), and

• (b) the acquiring or appropriating authority carry out the works,

then, in addition to any reduction falling to be made under subsection (4) or (5), the aggregate amount mentioned in subsection (2) shall be reduced by the actual cost to the authority of carrying out the works.

• (7) References in this section to a decrease in net receipts shall be construed as references—

• (a) to the amount by which a balance of receipts over expenditure is decreased,

• (b) to the amount by which a balance of expenditure over receipts is increased, or

• (c) where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances,

and references to an increase in net receipts shall be construed accordingly.

• (8) In this section—

• “proceeding giving rise to compensation” means—except in relation to compensation under section 232(4), 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, andin relation to compensation under section 232(4), the circumstances making it necessary for the apparatus in question to be removed or resited; and

• “Scottish Ministers’certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Exclusion of section 233 at option of statutory undertakers.

234

• (1) Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 233(1)(c), 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 233.

• (2) If the statutory undertakers so elect the compensation shall be ascertained accordingly.

• (3) 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.

• (4) Any notice under this section shall be given to the acquiring authority before the end of the period of 2 months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

Procedure for assessing compensation.

235

• (1) Where the amount of any such compensation as is mentioned in subsection (1) of section 233 falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the tribunal mentioned in subsection (2) below, if apart from this section it would not fall to be so assessed.

• (2) The tribunal referred to in subsection (1) above shall consist of 4 persons, namely—

• (a) an advocate or solicitor of not less than 7 years’ standing, appointed by the Lord President of the Court of Session to act as chairman,

• (b) two persons appointed by the Scottish Ministers’ certificate 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 Scottish Ministers, 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 those Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings.

• (3) The Treasury may pay out of money 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 in respect of compensation falling to be ascertained as mentioned in subsection (1), 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, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

Advertisements

Special provisions as to display of advertisements on operational land.

236

Sections 218 to 222 and 232(1), (5) and (6) do not apply in relation to the display of advertisements on operational land of statutory undertakers.

Part XI — Validity

Validity of development plans and certain orders, decisions and directions.

237

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

• (za) the National Planning Framework and any revised framework or amendment to it, whether before or after the framework, revised framework or amended framework is published,

• (a) a ... local development 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,

• (b) 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,

• (ba) a masterplan consent area scheme or any alteration of such a scheme,

• (c) an order under any provision of Part IX, whether before or after the order has been made,

• (d) an order under section 230, whether before or after the order has been made,

• (e) any such order as is mentioned in subsection (2), whether before or after it has been confirmed, or

• (f) any such action on the part of the Secretary of State as is mentioned in subsection (3) or on the part of a planning authority as is mentioned in subsection (3A),

shall not be questioned in any legal proceedings whatsoever.

• (2) The orders referred to in subsection (1)(e) are—

• (a) any order under section 65 or under the provisions of that section as applied by or under any other provision of this Act;

• (b) any order under section 71 or under the provisions of that section as applied by or under any other provisions of this Act;

• (c) any tree preservation order;

• (d) any order made in pursuance of section 183(4);

• (e) any order under paragraph 1, 3, 5 or 6 of Schedule 8.

• (3) The action referred to in subsection (1)(f) is action on the part of the Secretary of State of any of the following descriptions—

• (za) any decision on an application under section 31A;

• (a) any decision on an application referred to him under section 46;

• (b) any decision on an appeal under section 47;

• (ba) any decision to give a direction under section 57(2) or (2ZA);

• (c) any decision to confirm a completion notice under section 62A;

• (ca) any determination on an appeal under section 75B or 75F;

• (d) any decision on an appeal under section 130;

• (e) any decision to confirm or not to confirm a purchase notice including—

• (i) any decision not to confirm such a notice in respect of part of the land to which it relates, or

• (ii) any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;

• (f) any decision on an appeal under section 154 against the refusal or partial refusal of an application for a certificate under section 150 or 151;

• (fa) any decision on an appeal under section 169;

• (g) any decision on an appeal under section 180 against a notice under section 179;

• (h) any decision relating—