Planning and Compulsory Purchase Act 2004

(321A) (1) This section applies if— (a) a person is appointed under subsection (5) or (6) of section 321, but (b) no inquiry is held as mentioned in subsection (1) of that section. (2) Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (3) For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held. (4) This section does not affect section 322A.

• (3) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—

(6A) (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given. (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry. (3) The Lord Chancellor may by rules make provision— (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1); (b) as to the functions of a person appointed under sub-paragraph (1) or (2). (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative. (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified. (7) An amount so certified is recoverable from the responsible person as a civil debt. (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (9) Sub-paragraph (10) applies if— (a) a person is appointed under sub-paragraph (1) or (2), but (b) no inquiry is held as mentioned in paragraph 6(1). (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held. (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).

• (4) In the Schedule to the hazardous substances Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—

(6A) (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given. (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry. (3) The Lord Chancellor may by rules make provision— (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1); (b) as to the functions of a person appointed under sub-paragraph (1) or (2). (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative. (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified. (7) An amount so certified is recoverable from the responsible person as a civil debt. (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (9) Sub-paragraph (10) applies if— (a) a person is appointed under sub-paragraph (1) or (2), but (b) no inquiry is held as mentioned in paragraph 6(1). (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held. (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).

Special provision relating to national security: Wales

81

• (1) After section 321A of the principal Act (inserted by section 80 above) there is inserted the following section—

(321B) (1) This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales. (2) The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales. (3) The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies. (4) If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry. (5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title). (6) Section 333(3) does not apply to regulations made under subsection (4).

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

• (3) In the Schedule to the hazardous substances Act, after paragraph 7 there is inserted the following paragraph—

(8) (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales. (2) The references in paragraph 6A(1) and (2) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales. (3) The Assembly may by regulations make provision as mentioned in paragraph 6A(3) in connection with a local inquiry to which this section applies. (4) If the Assembly acts under sub-paragraph (3) rules made by the Lord Chancellor under paragraph 6A(3) do not have effect in relation to the inquiry. (5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title). (6) Section 40(3) does not apply to regulations made under this paragraph.

Urgent development and works

Urgent Crown development

82

• (1) Before section 294 of the principal Act (special enforcement notices in relation to development on Crown land) there is inserted the following section—

(293A) (1) This section applies to a development if the appropriate authority certifies— (a) that the development is of national importance, and (b) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for planning permission to the local planning authority in accordance with Part 3, make an application for planning permission to the Secretary of State under this section. (3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the proposed development a notice— (a) describing the proposed development, and (b) stating that the authority proposes to make the application to the Secretary of State. (4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State— (a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 71A; (b) a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply. (6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application. (7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Secretary of State must consult— (a) the local planning authority for the area to which the proposed development relates, and (b) such other persons as are specified or described in a development order, about the application. (10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3) (matters related to national security). (11) Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.

• (2) In section 284 of the principal Act (validity of certain matters) in subsection (3) at the end there is inserted the following paragraph—

(i) any decision on an application for planning permission under section 293A.

Urgent works relating to Crown land

83

• (1) After section 82A of the listed buildings Act (inserted by section 79(2)) there is inserted the following section—

(82B) (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies— (a) that the works are of national importance, and (b) that it is necessary that the works are carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section. (3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice— (a) describing the proposed works, and (b) stating that the authority proposes to make the application to the Secretary of State. (4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply. (6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application. (7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Secretary of State must consult— (a) the local planning authority for the area to which the proposed development relates, and (b) such other persons as may be prescribed, about the application. (10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under paragraph 6(6) of Schedule 3 (matters related to national security). (11) Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.

• (2) In section 62 of the listed buildings Act (validity of certain matters) in subsection (2) at the end there is inserted the following paragraph—

(d) any decision on an application for listed building consent under section 82B.

Enforcement

Enforcement in relation to Crown land

84

• (1) Section 296 of the principal Act (exercise of powers in relation to Crown land) is omitted.

• (2) After section 296 there are inserted the following sections—

(296A) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court). (296B) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (3) After section 82C of the listed buildings Act (inserted by Schedule 3) there are inserted the following sections—

(82D) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court). (82E) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (4) After section 30B of the hazardous substances Act (inserted by section 79(3)) there are inserted the following sections—

(30C) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court). (30D) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

Trees

Tree preservation orders: Forestry Commissioners

85

For section 200 of the principal Act (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—

(200) (1) A tree preservation order does not have effect in respect of anything done— (a) by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision; (b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force. (2) A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners under— (a) a forestry dedication covenant within the meaning of section 5 of the Forestry Act 1967, or (b) conditions of a grant or loan made under section 1 of the Forestry Act 1979. (3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.

Trees in conservation areas: acts of Crown

86

After section 211(4) of the principal Act (preservation of trees in conservation areas) there are inserted the following subsections—

(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless— (a) the first condition is satisfied, and (b) either the second or third condition is satisfied. (6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated. (7) The second condition is that the act is done with the consent of the authority. (8) The third condition is that the act is done— (a) after the end of the period of six weeks starting with the date of the notice, and (b) before the end of the period of two years starting with that date.

Miscellaneous

Old mining permissions

87

• (1) Subsection (2) applies if—

• (a) an old mining permission relates to land which is Crown land, and

• (b) the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.

• (2) Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—

• (a) in section 22(3) for “May 1, 1991” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”;

• (b) in paragraph 1(3) of Schedule 2 for “the day on which this Schedule comes into force” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”.

• (3) Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.

• (4) Crown land must be construed in accordance with Part 13 of the principal Act.

Subordinate legislation

88

• (1) The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.

• (2) The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.

• (3) Relevant subordinate legislation is an instrument which—

• (a) is made under or (wholly or in part) for the purposes of any of the planning Acts,

• (b) is made before the commencement of section 79 of this Act, and

• (c) is specified in the order.

Crown application: transitional

89

Schedule 4 (which makes transitional provisions in consequence of the application to the Crown of the planning Acts) has effect.

Chapter 2 — Scotland

Crown application

Crown application of Scottish planning Acts

90

• (1) In Part 12 of the Town and Country Planning (Scotland) Act 1997, before section 242 (preliminary definitions for Part 12) there is inserted the following section—

(241A) (1) This Act binds the Crown. (2) But subsection (1) is subject to express provision made by this Part.

• (2) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, after section 73 (application of Act to land and works of planning authorities) there is inserted the following section —

(73A) (1) This Act (except the provisions specified in subsection (2)) binds the Crown. (2) These are the provisions— (a) section 8, (b) section 10(3), (c) section 19(7), (d) section 38(1) and (8), (e) section 39, (f) section 49, (g) section 50, (h) section 53, (i) section 77. (3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 8(3)(a) to (d) and the doing of that thing does not contravene section 6.

• (3) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 (application of Act to planning authorities) there is inserted the following section—

(30A) (1) This Act (except the provisions specified in subsection (2)) binds the Crown. (2) The provisions are— (a) section 6(3), (b) section 21, (c) section 25, (d) section 34, (e) section 35(2).

• (4) Schedule 5 amends the Scottish planning Acts in relation to the application of those Acts to the Crown.

National security

Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland

91

• (1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), there is inserted after section 265 (local inquiries) the following section—

(265A) (1) This section applies in relation to the holding of inquiries under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7. (2) Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection. (3) If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry— (a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and (b) that the public disclosure of that information would be contrary to the national interest, he or as the case may be they may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons, or persons of such descriptions, as may be specified in the direction. (4) The matters referred to in subsection (3)(a) are— (a) national security, and (b) the measures taken, or to be taken, to ensure the security of any premises or property. (5) The Lord Advocate may appoint a person to represent the interests of any person who— (a) if a direction is given under subsection (3), will be prevented from hearing or inspecting any evidence at any such inquiry; or (b) is so prevented by such a direction given before any appointment is made by virtue of paragraph (a). (6) By rules— (a) the Secretary of State may make provision as to the procedure to be followed by him before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5) and as to the functions of a person appointed under subsection (5), (b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case and as to such functions. (7) If a person (the representative) is appointed— (a) under paragraph (a) of subsection (5) and either no direction in relation to the evidence in question has been given under subsection (3) or any such direction so given has been given by the Secretary of State, the Secretary of State may direct any person who he thinks, (b) under paragraph (a) of subsection (5) and such a direction has been given under subsection (3) by the Scottish Ministers, the Scottish Ministers may direct any person who they think, (c) under paragraph (b) of subsection (5) and the direction referred to in that paragraph was given by the Secretary of State, the Secretary of State may direct any person who he thinks, (d) under paragraph (b) of that subsection and the direction so referred to was given by the Scottish Ministers, the Scottish Ministers may direct any person who they think, is interested in the inquiry, or prospective inquiry, in relation to a matter mentioned in subsection (4) (the responsible person) to pay remuneration or allowances to, and to reimburse any expenses incurred by, the representative. (8) If the representative and the responsible person are unable to agree an amount payable by virtue of— (a) paragraph (a) or (c) of subsection (7), the amount must be determined by the Secretary of State, (b) paragraph (b) or (d) of that subsection, the amount must be determined by the Scottish Ministers. (9) The Secretary of State must cause an amount payable by virtue of paragraph (a) or (c) of subsection (7) (whether determined under subsection (8) or agreed between the representative and the responsible person) to be certified. (10) The Scottish Ministers must cause an amount payable by virtue of paragraph (b) or (d) of subsection (7) (whether so determined or so agreed) to be certified. (11) An amount certified under subsection (9) or (10) is recoverable from the responsible person as a debt. (12) Subsections (7) to (11) apply even if the inquiry does not take place. (13) The power to make rules under— (a) paragraph (a) of subsection (6) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, (b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (2) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (determination of certain appeals by person appointed by the Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—

(7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.

• (3) In the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 (determination of certain appeals by person appointed by Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—

(7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.

Urgent development and works

Urgent Crown development: Scotland

92

• (1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), before section 243 (control of development on Crown land: special enforcement notices) there is inserted the following section—

(242A) (1) This section applies to a development if the appropriate authority certifies— (a) that the development is of national importance, and (b) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section. (3) If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice— (a) describing the proposed development, and (b) stating that the authority proposes to make the application to the Scottish Ministers. (4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers— (a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40, (b) a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply. (6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application. (7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Scottish Ministers must in accordance with such requirements as they may specify in a development order publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Scottish Ministers must consult— (a) the planning authority, and (b) such other persons as may be so specified, about the application. (10) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of this Act. (11) Subsections (4) to (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.

• (2) In section 237 of that Act, (validity of certain matters) in subsection (3) at the end there is added the following paragraph—

(i) any decision on an application for planning permission under section 242A.

Urgent works relating to Crown land: Scotland

93

• (1) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9), after section 73A (inserted by section 90(2)) there is inserted the following section—

(73B) (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies— (a) that the works are of national importance, and (b) that it is necessary that the works are carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for consent to the planning authority in accordance with this Act, make an application for consent to the Scottish Ministers under this section. (3) If the appropriate authority proposes to make the application to the Scottish Ministers it must publish in one or more newspapers circulating in the locality of the building a notice— (a) describing the proposed works, and (b) stating that the authority proposes to make the application to the Scottish Ministers. (4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply. (6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application. (7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Scottish Ministers must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection. (9) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of the principal Act. (10) The Scottish Ministers must consult— (a) the planning authority, and (b) such other persons as may be prescribed, about the application. (11) Subsections (4) and (5) of section 11 apply to an application under this section as they apply to an application in respect of which a direction under section 11 has effect.

• (2) In section 57 of that Act (validity of certain matters), in subsection (2) at the end there is added the following paragraph—

(d) any decision on an application for listed building consent under section 73B.

Enforcement

Enforcement in relation to Crown land: Scotland

94

• (1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245 (exercise of powers in relation to Crown land) is omitted.

• (2) After section 245 there is inserted the following section—

(245A) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order).

• (3) In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 245A (inserted by subsection (2) above) there is inserted the following section—

(245B) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (4) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) after section 73C (inserted by Schedule 5) there are inserted the following sections—

(73D) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order). (73E) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (5) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section 90(3)) there are inserted the following sections—

(30B) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order). (30C) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

Trees

Tree preservation orders: Scotland

95

For section 162 of the Town and Country Planning (Scotland) Act 1997 (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—

(162) (1) A tree preservation order does not have effect in respect of anything done— (a) by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision; (b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force. (2) A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners under— (a) a forestry dedication agreement within the meaning of section 5 of the Forestry Act 1967, or (b) conditions of a grant or loan made under section 1 of the Forestry Act 1979. (3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.

Trees in conservation areas in Scotland: acts of Crown

96

In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 172(4) (preservation of trees in conservation areas) there are inserted the following subsections—

(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless— (a) the first condition is satisfied, and (b) either the second or third condition is satisfied. (6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is situated. (7) The second condition is that the act is done with the consent of the authority. (8) The third condition is that the act is done— (a) after the end of the period of six weeks starting with the date of the notice, and (b) before the end of the period of two years starting with that date.

Miscellaneous

Old mining permissions: Scotland

97

• (1) Subsection (2) applies if—

• (a) an old mining permission relates to land which is Crown land, and

• (b) the permission has not been registered in pursuance of Part 2 of Schedule 8 to the Town and Country Planning (Scotland) Act 1997.

• (2) Paragraph 10 of that Schedule and that Part apply to the old mining permission subject to the following modifications—

• (a) in sub-paragraph (3) of that paragraph, for “16th May 1991” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”,

• (b) in paragraph 13(3) of that Part, for “24 January 1992” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”.

• (3) “Old mining permission” must be construed in accordance with paragraph 10 and Part 2 of that Schedule.

• (4) “Crown land” must be construed in accordance with Part 12 of the Town and Country Planning (Scotland) Act 1997.

Subordinate legislation: Scotland

98

• (1) The Scottish Ministers may by order provide that relevant subordinate legislation applies to the Crown.

• (2) The order may modify such subordinate legislation to the extent that the Scottish Ministers think appropriate for the purposes of its application to the Crown.

• (3) Relevant subordinate legislation is an instrument which—

• (a) is made under or (wholly or in part) for the purposes of any of the Scottish planning Acts,

• (b) is made before the commencement of section 90 of this Act, and

• (c) is specified in the order.

• (4) In subsection (3), “instrument” includes an instrument made under an Act of the Scottish Parliament.

Part 8 — Compulsory purchase

Acquisition of land for development

Compulsory acquisition of land for development etc

99

• (1) Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.

• (2) In subsection (1)—

• (a) the first “which” is omitted;

• (b) for paragraph (a) there is substituted the following paragraph—

(a) if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,

;

• (c) in paragraph (b) at the beginning there is inserted “ which ”.

• (3) After subsection (1) there is inserted the following subsection—

(1A) But a local authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects— (a) the promotion or improvement of the economic well-being of their area; (b) the promotion or improvement of the social well-being of their area; (c) the promotion or improvement of the environmental well-being of their area.

• (4) Subsection (2) is omitted.

• (5) Nothing in this section affects a compulsory purchase order made before the commencement of this section.

Authorisation of compulsory acquisition

Procedure for authorisation by authority other than a Minister

100

• (1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.

• (2) In section 6 (service of documents), in subsection (4)—

• (a) after “lessee” in each place there is inserted “ , tenant ”;

• (b) after “ “lessee” there is inserted “ , “tenant” .

• (3) In section 7 (interpretation), after subsection (2) there is added—

(3) But an instrument containing regulations made for the purposes of section 13A or paragraph 4A of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) In section 11 (notices in newspapers), after subsection (2) there is added—

(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order. (4) The notice under subsection (3) must— (a) be addressed to persons occupying or having an interest in the land, and (b) set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).

• (5) In section 12 (notices to owners, lessees and occupiers)—

• (a) in subsection (1), for the words from “owner” to “order” (where it first appears) there is substituted “ qualifying person ”;

• (b) for subsection (2) there is substituted—

(2) A person is a qualifying person, in relation to land comprised in an order, if— (a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or (b) he falls within subsection (2A). (2A) A person falls within this subsection if he is— (a) a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or (b) a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry. (2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

• (6) For section 13 (confirmation of compulsory purchase order) there are substituted the following sections—

(13) (1) The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied— (a) that the notice requirements have been complied with, and (b) that one of the conditions in subsection (2) is satisfied. (2) The conditions are— (a) no relevant objection is made; (b) every relevant objection made is either withdrawn or disregarded. (3) The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing. (4) If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection. (5) The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order. (6) A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection. (7) Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase. (13A) (1) This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither— (a) withdrawn, nor (b) disregarded, (a remaining objection). (2) The confirming authority may proceed under the written representations procedure— (a) if the order is not subject to special parliamentary procedure, (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and (c) if every person who has made a remaining objection consents in the prescribed manner. (3) If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either— (a) cause a public local inquiry to be held, or (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose. (4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time. (5) The confirming authority may confirm the order with or without modifications if it has considered the objection and either — (a) it has followed the written representations procedure, or (b) in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed. (6) The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to— (a) every person who has made a remaining objection, (b) the acquiring authority, and (c) any other person the confirming authority thinks appropriate, to make written representations as to whether the order should be confirmed. (7) Relevant objection and disregarded must be construed in accordance with section 13. (13B) (1) This section applies where the confirming authority decides under section 13A to follow the written representations procedure. (2) The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs. (3) An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order. (4) The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs. (5) The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt. (6) Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act. (7) Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed. (13C) (1) The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met. (2) The conditions are— (a) the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part; (b) the confirming authority is satisfied that the notice requirements have been complied with. (3) If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be). (4) But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land. (5) If the confirming authority acts under subsection (1)— (a) it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction; (b) the order so far as it relates to each part of the land must be treated as a separate order. (6) The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a). (7) Notice requirements must be construed in accordance with section 13. (8) Remaining objection must be construed in accordance with section 13A.

• (7) For section 15 there is substituted—

(15) (1) After the order has been confirmed, the acquiring authority must— (a) serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and (b) affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order. (2) The notice under subsection (1)(b) must— (a) be addressed to persons occupying or having an interest in the land; (b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative. (3) The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated. (4) A confirmation notice is a notice— (a) describing the land; (b) stating that the order has been confirmed; (c) (except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours; (d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23. (5) A confirmation notice must be in the prescribed form.

• (8) The amendments made by this section do not apply to orders of which notice under section 11 of the 1981 Act has been published before commencement of this section.

Procedure for authorisation by a Minister

101

• (1) Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.

• (2) In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is added—

(3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order. (4) The notice under sub-paragraph (3) must— (a) be addressed to persons occupying or having an interest in the land, and (b) set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).

• (3) In paragraph 3 (notices to owners, lessees and occupiers)—

• (a) in sub-paragraph (1), for the words from “owner” to “order” (where it first appears) there is substituted “ qualifying person ”;

• (b) for sub-paragraph (2) there is substituted—

(2) A person is a qualifying person, in relation to land comprised in a draft order, if— (a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, or (b) he falls within sub-paragraph (2A). (2A) A person falls within this sub-paragraph if he is— (a) a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or (b) a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry. (2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

• (4) For paragraph 4 there are substituted the following paragraphs—

(4) (1) The Minister may make a compulsory purchase order with or without modifications if he is satisfied— (a) that the notice requirements have been complied with, and (b) that one of the conditions in sub-paragraph (2) is satisfied. (2) The conditions are— (a) no relevant objection is made; (b) every relevant objection made is either withdrawn or disregarded. (3) The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing. (4) If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection. (5) The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order. (6) A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection. (7) Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase. (8) The appropriate authority is— (a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly, (b) in any other case, the Minister. (9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980. (10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters. (4A) (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither— (a) withdrawn, nor (b) disregarded, (a remaining objection). (2) The appropriate authority may proceed under the written representations procedure— (a) if the order is not subject to special parliamentary procedure; (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and (c) if every person who has made a remaining objection consents in the prescribed manner. (3) If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either— (a) cause a public local inquiry to be held, or (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose. (4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time. (5) The Minister may make the order with or without modifications if— (a) the appropriate authority has considered the objection, and (b) one of the conditions in sub-paragraph (6) is satisfied. (6) The conditions are— (a) the appropriate authority has followed the written representations procedure; (b) in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed. (7) The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to— (a) every person who has made a remaining objection, and (b) any other person the appropriate authority thinks appropriate, to make written representations as to whether the order should be made. (8) Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed. (9) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4. (4B) (1) The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met. (2) The conditions are— (a) the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part; (b) the Minister is satisfied that the notice requirements have been complied with. (3) If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) (as the case may be). (4) But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land. (5) If the Minister acts under sub-paragraph (1)— (a) he must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction; (b) the order so far as it relates to each part of the land must be treated as a separate order. (6) The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a). (7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).

• (5) For paragraph 6 there is substituted—

(6) (1) After the order has been made, the Minister must— (a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and (b) affix a making notice to a conspicuous object or objects on or near the land comprised in the order. (2) The notice under sub-paragraph (1)(b) must— (a) be addressed to persons occupying or having an interest in the land; (b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative. (3) The Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated. (4) A making notice is a notice— (a) describing the land; (b) stating that the order has been made; (c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours; (d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23. (5) A making notice must be in the prescribed form.

• (6) The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.

Confirmation by acquiring authority

102

• (1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.

• (2) After section 14 there is inserted—

(14A) (1) The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if— (a) the confirming authority has notified the acquiring authority to that effect, and (b) the notice has not been revoked. (2) But this section does not apply to an order in respect of land— (a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or (b) forming part of a common, open space or fuel or field garden allotment for the purposes of section 19. (3) The confirming authority may give notice under subsection (1) if it is satisfied— (a) that the notice requirements have been complied with, (b) that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and (c) that the order is capable of being confirmed without modification. (4) An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded. (5) The power to confirm an order under subsection (1) does not include any power— (a) to confirm the order with modifications, or (b) to confirm only a part of the order. (6) The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order. (7) The confirming authority may revoke a notice given by it under subsection (1). (8) But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6). (9) An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority. (10) Notices under this section must be in writing. (11) Notice requirements and disregarded must be construed in accordance with section 13.

• (3) The amendments made by this section do not apply to orders of which notice has been published under section 11 of the 1981 Act before commencement of this section.

Valuation date

Assessment of compensation: valuation date

103

• (1) The Land Compensation Act 1961 (c. 33) is amended as follows.

• (2) After section 5 there is inserted—