Planning and Compulsory Purchase Act 2004

(5A) (1) If the value of land is to be assessed in accordance with rule (2) in section 5, the valuation must be made as at the relevant valuation date. (2) No adjustment is to be made to the valuation in respect of anything which happens after the relevant valuation date. (3) If the land is the subject of a notice to treat, the relevant valuation date is the earlier of— (a) the date when the acquiring authority enters on and takes possession of the land, and (b) the date when the assessment is made. (4) If the land is the subject of a general vesting declaration, the relevant valuation date is the earlier of— (a) the vesting date, and (b) the date when the assessment is made, and “general vesting declaration” and “vesting date” have the meanings given in section 2 of the Compulsory Purchase (Vesting Declarations) Act 1981. (5) If the acquiring authority enters on and takes possession of part of the land— (a) specified in a notice of entry, or (b) in respect of which a payment into court has been made, the authority is deemed, for the purposes of subsection (3)(a), to have entered on and taken possession of the whole of that land on that date. (6) Subsection (5) also applies for the purposes of calculating interest under the following enactments— (a) section 11(1) of the Compulsory Purchase Act 1965; (b) paragraph 3 of Schedule 3 to that Act; (c) section 85 of the Lands Clauses Consolidation Act 1845; (d) section 52A of the Land Compensation Act 1973, and references there to the date or time of entry are to be construed accordingly. (7) An assessment by the Lands Tribunal is treated as being made on the date certified by the Tribunal as— (a) the last hearing date before it makes its determination, or (b) in a case to be determined without an oral hearing, the last date for making written submissions before it makes its determination. (8) Nothing in this section affects— (a) any express provision in any other enactment which requires the valuation of land subject to compulsory acquisition to be made at a particular date; (b) the valuation of land for purposes other than the compulsory acquisition of that land (even if the valuation is to be made in accordance with the rules in section 5). (9) In this section— (a) a notice of entry is a notice under section 11(1) of the Compulsory Purchase Act 1965; (b) a payment into court is a payment into court under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.

Advance payments

Compensation: advance payments to mortgagees

104

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 52 (right to advance payment of compensation)—

• (a) after subsection (1) there are inserted the following subsections—

(1A) If the acquiring authority have taken possession of part of the land— (a) specified in a notice of entry, or (b) in respect of which a payment into court has been made, the compensation mentioned in subsection (1) is the compensation payable for the compulsory acquisition of the interest in the whole of the land. (1B) Notice of entry and payment into court must be construed in accordance with section 5A of the Land Compensation Act 1961.

,

• (b) for subsection (6) there is substituted the following subsection—

(6) If the land is subject to a mortgage sections 52ZA and 52ZB apply.

• (3) After section 52 of that Act there are inserted the following sections—

(52ZA) (1) This section applies if— (a) an acquiring authority take possession of land, (b) a request is made in accordance with section 52(2) for an advance payment, and (c) the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount. (2) The advance payment made to the claimant must be reduced by the amount the acquiring authority think will be required by them to secure the release of the interest of the mortgagee (or all the mortgagees if there is more than one). (3) The acquiring authority must pay to the mortgagee the amount the acquiring authority think will be required by them to secure the release of the mortgagee’s interest, if— (a) the claimant so requests, and (b) the mortgagee consents to the making of the payment. (4) If there is more than one mortgagee— (a) subsection (3) applies to each mortgagee individually, but (b) payment must not be made to a mortgagee before the interest of each mortgagee whose interest has priority to his interest is released. (5) The amount of the advance payment made to the claimant under section 52 and the amount of the payments made to mortgagees under this section must not in aggregate exceed 90% of the relevant amount. (6) Subsection (7) applies if— (a) the acquiring authority estimated the compensation, (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and (c) a request is made by the claimant in accordance with section 52(2). (7) The provisions of subsections (2) to (5) must be re-applied on the basis of the revised estimate. (52ZB) (1) This section applies if— (a) an acquiring authority take possession of land, (b) a request is made in accordance with section 52(2) for an advance payment, and (c) the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount. (2) No advance payment is to be made to the claimant. (3) But the acquiring authority must pay to the mortgagee the amount found under subsection (4), if— (a) the claimant so requests, and (b) the mortgagee consents to the making of the payment. (4) The amount is whichever is the lesser of— (a) 90% of the value of the land; (b) the principal of the mortgagee’s mortgage. (5) The value of the land is the value— (a) agreed by the claimant and the acquiring authority, or (failing such agreement) (b) estimated by the acquiring authority. (6) For the purposes of subsection (5) the value of the land is to be calculated in accordance with rule 2 of section 5 of the Land Compensation Act 1961 (market value), whether or not compensation is or is likely to be assessed in due course in accordance with rule 5 of that section (equivalent re-instatement). (7) If there is more than one mortgagee, payment must not be made to a mortgagee until the interest of each mortgagee whose interest has priority to his interest is released. (8) But the total payments under subsection (3) must not in any event exceed 90% of the value of the land. (9) Subsection (10) applies if— (a) the acquiring authority estimated the compensation, (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, (c) the condition in section 52ZA(1)(b) would have been satisfied if the revised estimate had been used instead of their estimate, and (d) a request is made by the claimant in accordance with section 52(2). (10) The provisions of section 52ZA(2) to (5) must be applied on the basis of the revised estimate. (11) If— (a) the acquiring authority estimated the value of the land, (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and (c) a request is made by the claimant in writing, any balance found to be due to a mortgagee on the basis of the revised estimate is payable in accordance with this section. (52ZC) (1) This section applies for the purposes of sections 52ZA and 52ZB. (2) The claimant must provide the acquiring authority with such information as they may require to enable them to give effect to those sections. (3) A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee. (4) Subsections (4) and (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52. (5) The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3). (6) If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees. (7) A payment made to a mortgagee under section 52ZA or 52ZB— (a) must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage; (b) must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52; (c) must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965, any bond under Schedule 3 to that Act or section 85 of the Lands Clauses Compensation Act 1845; (d) must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965. (8) If the amount, or aggregate amount, of any payments under— (a) sections 52 and 52ZA, or (b) section 52ZB, on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant. (9) No payment must be made to a mortgagee— (a) if any of the circumstances mentioned in subsection (10) applies, or (b) if the compulsory acquisition is only of a right over land. (10) The circumstances are— (a) payment has been made under section 14(2) of the Compulsory Purchase Act 1965; (b) a notice under section 14(3) of that Act has been given; (c) there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the Lands Tribunal under that section. (11) The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.

• (4) In section 52A (right to interest where advance payment made) for subsection (2) there is substituted—

(2) If the authority make a payment under section 52(1) to any person on account of the compensation— (a) they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and (b) the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section. (2A) The paid amount is— (a) the amount of the payment under section 52(1), or (b) if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).

Information

Power to require information

105

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

• (2) After section 5 (local inquiries) there is inserted—

(5A) (1) This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase. (2) The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information— (a) the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land; (b) the name and address of any person he believes to have an interest in the land. (3) The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land. (4) The persons are— (a) the occupier of the land; (b) any person who has an interest in the land either as freeholder, mortgagee or lessee; (c) any person who directly or indirectly receives rent for the land; (d) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it. (5) The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served). (6) The notice must also specify or describe— (a) the land, (b) the compulsory purchase power, and (c) the enactment which confers the power. (7) The notice must be in writing. (8) Section 6(4) does not apply to notices to be served under this section. (5B) (1) A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A. (2) A person commits an offence if, in response to a notice served on him under section 5A— (a) he gives information which is false in a material particular, and (b) when he does so, he knows or ought reasonably to know that the information is false. (3) If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) a director, manager, secretary or other similar officer of the body corporate, or (b) a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly. (4) The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Loss payments

Basic loss payment

106

• (1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss payments for certain caravan dwellers) there is inserted the following section—

(33A) (1) This section applies to a person— (a) if he has a qualifying interest in land, (b) if the interest is acquired compulsorily, and (c) to the extent that he is not entitled to a home loss payment in respect of any part of the interest. (2) A person to whom this section applies is entitled to payment of whichever is the lower of the following amounts— (a) 7.5% of the value of his interest; (b) £75,000. (3) A payment under this section must be made by the acquiring authority. (4) An interest in land is a qualifying interest if it is a freehold interest or an interest as tenant and (in either case) it subsists for a period of not less than one year ending with whichever is the earliest of— (a) the date on which the acquiring authority takes possession of the land under section 11 of the Compulsory Purchase Act 1965 (entry to take possession of land); (b) the date on which the acquiring authority enters the land if it proceeds under Schedule 3 to that Act; (c) the vesting date (within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981) if a declaration is made under section 4 of that Act (general vesting declaration); (d) the date on which compensation is agreed between the person and the acquiring authority; (e) the date on which the amount of compensation is determined by the Lands Tribunal. (5) The compulsory acquisition of an interest in land includes acquisition of the interest in consequence of the service of— (a) a purchase notice under section 137 of the Town and Country Planning Act 1990 (right to require purchase of certain interests); (b) a notice under section 150 of that Act (purchase of blighted land). (6) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (7) and (8). (7) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling. (8) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.

• (2) Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a pre-commencement acquisition of an interest in land.

• (3) A pre-commencement acquisition of an interest in land is any of the following—

• (a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;

• (b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;

• (c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;

• (d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.

Occupier’s loss payment

107

• (1) After section 33A of the Land Compensation Act 1973 (inserted by section 106 of this Act) there are inserted the following sections—

(33B) (1) This section applies to a person if— (a) he has a qualifying interest in land for the purposes of section 33A, (b) the land is agricultural land, (c) the interest is acquired compulsorily, and (d) he occupied the land for the period specified in section 33A(4). (2) A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts— (a) 2.5% of the value of his interest; (b) the land amount; (c) the buildings amount. (3) But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000. (4) A payment under this section must be made by the acquiring authority. (5) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7). (6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling. (7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil. (8) The land amount is the greater of £300 and the amount found in accordance with the following Table—

Area of the land	Amount per hectare
Not exceeding 100 hectares	£100 per hectare or part of a hectare
Exceeding 100 hectares	(a) £100 per hectare for the first 100 hectares;(b) £50 per hectare for the next 300 hectares or part of a hectare.

(9) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land. (10) The gross floor space must be measured externally. (33C) (1) This section applies to a person if— (a) he has a qualifying interest in land for the purposes of section 33A, (b) the land is not agricultural land, (c) the interest is acquired compulsorily, and (d) he occupied the land for the period specified in section 33A(4). (2) A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts— (a) 2.5% of the value of his interest; (b) the land amount; (c) the buildings amount. (3) But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000. (4) A payment under this section must be made by the acquiring authority. (5) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7). (6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling. (7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil. (8) The land amount is the greater of— (a) £2,500; (b) £2.50 per square metre (or part of a square metre) of the area of the land. (9) But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300. (10) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land. (11) The gross floor space must be measured externally.

• (2) Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) do not apply in relation to a pre-commencement acquisition of an interest in land.

• (3) A pre-commencement acquisition of an interest in land is any of the following—

• (a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;

• (b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;

• (c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;

• (d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.

Loss payments: exclusions

108

• (1) After section 33C of the Land Compensation Act 1973 (inserted by section 107 of this Act) there is inserted the following section—

(33D) (1) This section applies to a person if— (a) he is a person to whom section 33A, 33B or 33C applies, (b) a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section, (c) at the relevant time the notice has effect or is operative, and (d) he has failed to comply with any requirement of the notice. (2) This section also applies to a person if— (a) he is a person to whom section 33A, 33B or 33C applies, (b) a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and (c) the order has not been quashed on appeal. (3) No payment may be made under section 33A, 33B or 33C to a person to whom this section applies. (4) These are the notices— (a) notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land); (b) notice under section 189 of the Housing Act 1985 (requirement to repair dwelling etc. unfit for human habitation); (c) notice under section 190 of that Act (requirement to repair dwelling etc. in state of disrepair); (d) notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (repairs notice prior to compulsory notice of acquisition of listed building). (5) These are the orders— (a) an order under section 264 of the Housing Act 1985 (closure of dwelling etc. unfit for human habitation); (b) an order under section 265 of that Act (demolition of dwelling etc. unfit for human habitation). (6) The relevant time is the time at which the compulsory purchase order in relation to the person’s interest in the land— (a) is confirmed, in the case of an order falling within section 2(2) of the Acquisition of Land Act 1981 (procedure for authorisation); (b) is made, in the case of an order falling within section 2(3) of that Act. (7) The Secretary of State may by regulations amend subsections (4) and (5).

• (2) Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a notice or order specified in subsection (4) or (5) of that section if the notice or copy of the order was served on a person to whom that section applies before the commencement of this section.

Loss payments: supplementary

109

After section 33D of the Land Compensation Act 1973 (inserted by section 108 of this Act) there are inserted the following sections—

(33E) (1) This section applies for the purposes of sections 33A to 33C. (2) A claim for payment must be made in writing to the acquiring authority. (3) The claim must give such particulars as the authority may reasonably require for the purpose of deciding— (a) whether a payment is to be made; (b) the amount of any such payment. (4) For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued— (a) in the case of a claim under section 33A on the last day of the period specified in subsection (4) of that section; (b) in the case of a claim under section 33B or 33C on the date of his displacement from the land. (33F) (1) This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person. (2) Any of the following may make a claim instead of the person mentioned in subsection (1)— (a) a receiver, trustee in bankruptcy or the official receiver in the case of an individual; (b) an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership. (3) Insolvency proceedings are— (a) proceedings in bankruptcy; (b) proceedings under the Insolvency Act 1986 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 4 of that Act); (c) proceedings for the winding up of a partnership. (33G) (1) This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased). (2) A claim may be made by a person who— (a) occupied the land for a period of not less than one year ending with the date on which the deceased is displaced from the land, and (b) is entitled to benefit on the death of the deceased by virtue of a ground mentioned in subsection (3). (3) The grounds are— (a) a testamentary disposition; (b) the law of intestate succession; (c) the right of survivorship between joint tenants. (33H) (1) This section applies if a person is entitled in respect of the same interest in agricultural land to a payment both— (a) under section 33B of this Act, and (b) by virtue of section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments in consequence of compulsory acquisition of agricultural holding). (2) Payment may be made in respect of only one entitlement. (3) If the person makes a claim under both provisions he must be paid in respect of the entitlement which produces the greater amount. (33I) (1) Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the Lands Tribunal. (2) The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates— (a) the last day of the period specified in section 33A(4); (b) the last day of the period of three months beginning with the day the claim is made; (c) the day on which the amount of the payment is determined. (3) The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates— (a) the date the person is displaced from the land; (b) the last day of the period of three months beginning with the day the claim is made; (c) the day on which the amount of the payment is determined. (4) If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant). (5) If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C— (a) the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority; (b) the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant. (6) The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961. (7) Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be). (8) The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6). (33J) (1) This section applies if— (a) an interest in land which is a qualifying interest for the purpose of section 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and (b) the interest is acquired from a person who would be entitled to a payment under section 33A, 33B or 33C if the interest is acquired compulsorily. (2) The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily. (33K) (1) This section applies for the purposes of sections 33A to 33I. (2) The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit. (3) Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (4) This subsection applies to regulations under subsection (2) which substitute— (a) a percentage figure, or (b) an amount, in a case where the change in value condition is not satisfied. (5) A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament. (6) The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land. (7) Regulations under subsection (2) may make different provision for different purposes.

Corresponding amendments of other enactments

Corresponding amendments of other enactments

110

• (1) This section applies to any enactment passed or made before or in the same session as the passing of this Act (other than an enactment amended by this Part) which makes provision—

• (a) in connection with the compulsory acquisition of an interest in land,

• (b) creating a power which permits the interference with or affectation of any right in relation to land, or

• (c) for the payment of any sum in connection with the acquisition, interference or affectation.

• (2) The Secretary of State may by order amend an enactment to which this section applies for the purpose of making provision which—

• (a) corresponds to provision made by this Part, or

• (b) applies any such provision or corresponding provision.

Part 9 — Miscellaneous and general

Crown

Crown

111

• (1) This Act (except Part 8) binds the Crown.

• (2) The amendment of an enactment by or by virtue of Part 8 applies to the Crown to the extent that the enactment amended so applies.

Parliament

Parliament

112

The planning Acts and this Act have effect despite any rule of law relating to Parliament or the law and practice of Parliament.

Miscellaneous

Validity of strategies, plans and documents

113

• (1) This section applies to—

• (a) a revision of the regional strategy;

• (b) the National Development Framework for Wales;

• (ba) a strategic development plan;

• (bb) a local plan;

• (bc) a minerals and waste plan;

• (bd) a supplementary plan;

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

• (d) a local development plan;

• (e) a revision of a document mentioned in paragraph (b), (ba), (bb), (bc), (bd) or (d);

• (f) a spatial development strategy;

• (g) an alteration or replacement of a spatial development strategy,

and anything falling within paragraphs (a) to (g) is referred to in this section as a relevant document.

• (2) A relevant document must not be questioned in any legal proceedings except in so far as is provided by the following provisions of this section.

• (3) A person aggrieved by a relevant document may make an application to the High Court on the ground that—

• (a) the document is not within the appropriate power;

• (b) a procedural requirement has not been complied with.

• (3A) An application may not be made under subsection (3) without the leave of the High Court.

• (3B) An application for leave for the purposes of subsection (3A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

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

• (5) The High Court may make an interim order suspending the operation of the relevant document—

• (a) wholly or in part;

• (b) generally or as it affects the property of the applicant.

• (5A) An interim order has effect—

• (a) if made on an application for leave, until the final determination of—

• (i) the question of whether leave should be granted, or

• (ii) where leave is granted, the proceedings on any application under this section made with such leave;

• (b) in any other case, until the proceedings are finally determined.

• (6) Subsection (7) applies if the High Court is satisfied—

• (a) that a relevant document is to any extent outside the appropriate power;

• (b) that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

• (7) The High Court may—

• (a) quash the relevant document;

• (b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.

• (7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.

• (7B) Directions under subsection (7A) may in particular—

• (a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;

• (b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;

• (c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);

• (d) require action to be taken by one person or body to depend on what action has been taken by another person or body.

• (7C) The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document—

• (a) wholly or in part;

• (b) generally or as it affects the property of the applicant.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The appropriate power is—

• (a) Part 5 of the Local Democracy, Economic Development and Construction Act 2009 in the case of a revision of the regional strategy;

• (b) sections 60 to 60C above in the case of the National Development Framework for Wales or a revised Framework;

• (ba) in the case of a strategic development plan or any revision of it—

• (i) section 60M above, and

• (ii) sections 63 to 68, 68A(1), 69 to 71 and 73 to 78 above, as they apply in relation to strategic development plans (see section 60N );

• (c) Part 2 of this Act in the case of a local plan, minerals and waste plan or supplementary plan or any revision of it;

• (d) sections 62 to 78 above in the case of a local development plan or any revision of it;

• (e) sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in the case of the spatial development strategy for London or any alteration or replacement of it.

• (f) in the case of a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or any alteration or replacement of it, whichever provisions of (or applied by) an order under that Act give the combined authority powers in relation to such a strategy;

• (10) A procedural requirement is a requirement under the appropriate power or contained in regulations or an order made under that power which relates to the adoption, publication or approval of a relevant document.

• (11) References to the relevant date must be construed as follows—

• (a) for the purposes of a revision of the regional strategy, the date when the revision is published by the Secretary of State under Part 5 of Local Democracy, Economic Development and Construction Act 2009;

• (b) for the purposes of the National Development Framework for Wales (or a revised Framework), the date when it is published by the Welsh Ministers;

• (ba) for the purposes of a strategic development plan (or a revision of it), the date when it is adopted by the corporate joint committee or approved by the Welsh Ministers (as the case may be);

• (c) for the purposes of a local plan, minerals and waste plan or supplementary plan (or a revision of it), the date when it is adopted or approved (as the case may be) under Part 2;

• (d) for the purposes of a local development plan (or a revision of it), the date when it is adopted by a local planning authority in Wales or approved by the National Assembly for Wales (as the case may be);

• (e) for the purposes of a spatial development strategy (or an alteration or replacement of it), the date when it becomes operative.

• (12) In this section references to a revision of the regional strategy include a revised strategy under section 79 of the Local Democracy, Economic Development and Construction Act 2009.

• (13) In this section, “spatial development strategy”, “spatial development strategy for London” and “joint spatial development strategy” must be construed in accordance with section 15LH.

Examinations

114

An examination of any document or plan for the purposes of Part 2 or Part 6 of this Act is a statutory inquiry within the meaning of the Tribunals and Inquiries Act 1992 (c. 53).

Grants for advice and assistance

115

In the principal Act after section 304 (grants for research and education) there is inserted the following section—

(304A) (1) The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to— (a) the planning Acts; (b) the Planning and Compulsory Purchase Act 2004; (c) the enactments mentioned in subsection (2). (2) The enactments are enactments which relate to planning contained in the following Acts— (a) the Planning and Compensation Act 1991; (b) the Transport and Works Act 1992; (c) the Environment Act 1995. (3) The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate. (4) Person includes a body whether or not incorporated. (5) The appropriate authority is— (a) the Secretary of State in relation to England; (b) the National Assembly for Wales in relation to Wales.

Isles of Scilly

116

• (1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

• (2) An order may in particular provide for—

• (a) the Council of the Isles of Scilly to enter into arrangements in pursuance of section 4;

• (b) the exercise by the Council of the Isles of Scilly of any function exercisable by a local planning authority or minerals and waste planning authority under Part 2 or 3.

• (3) But an order must not be made under this section unless the Secretary of State has consulted the Council of the Isles of Scilly.

Interpretation

117

• (1) Expressions used in this Act and in the principal Act have the same meaning in this Act as in that Act.

• (2) Expressions used in this Act and in the listed buildings Act have the same meaning in this Act as in that Act.

• (3) Expressions used in this Act and in the hazardous substances Act have the same meaning in this Act as in that Act.

• (4) The planning Acts are—

• (a) the principal Act;

• (b) the listed buildings Act;

• (c) the hazardous substances Act;

• (d) the Planning (Consequential Provisions) Act 1990 (c. 11).

• (5) The principal Act is the Town and Country Planning Act 1990 (c. 8).

• (6) The listed buildings Act is the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).

• (7) The hazardous substances Act is the Planning (Hazardous Substances) Act 1990 (c. 10).

• (8) The Scottish planning Acts are—

• (a) the Town and Country Planning (Scotland) Act 1997 (c. 8);

• (b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9);

• (c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and

• (d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).

General

Amendments

118

• (1) Schedule 6 contains amendments of the planning Acts.

• (2) Schedule 7 contains amendments of other enactments.

• (3) A reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an enactment amended by this Act must be taken to be a reference to the enactment as so amended.

• (4) But subsection (3) does not affect such an enactment to the extent that the amendment makes express provision in connection with the exercise of a function in relation to Wales.

Transitionals

119

• (1) Schedule 8 contains transitional provisions relating to Parts 1 and 2.

• (2) The Scottish Ministers may by order make such transitional provision for Scotland, corresponding to the provisions of Schedule 4 and to section 30B of the hazardous substances Act (inserted by section 79(3)), as they consider necessary or expedient.

Repeals

120

Schedule 9 contains repeals.

Commencement

121

• (1) The preceding provisions of this Act (except section 115 and the provisions specified in subsections (4), (5) and (6)) come into force on such day as the Secretary of State may by order appoint.

• (2) But the Secretary of State must not make an order which relates to any of the following provisions unless he first consults the National Assembly for Wales—

• (a) Part 3;

• (b) Part 4, except sections 44 and 55;

• (c) Part 5;

• (d) in Part 7, Chapter 1;

• (e) Part 8;

• (f) in this Part sections 113, 114, 117, 118 and 120;

• (g) Schedules 3, 4, 6, 7 and 9.

• (3) And the Secretary of State must not make an order which relates to section 91 unless he first consults and has the agreement of the Scottish Ministers.

• (3A) Subsections (1) and (2) are subject to subsection (3B).

• (3B) Section 43 (power to decline to determine applications) (so far as not in force on the day on which paragraph 7 of Schedule 7 of the Planning Act 2008 comes into force) comes into force on such day as may be appointed by order made by—

• (a) the Secretary of State in relation to England;

• (b) the Welsh Ministers in relation to Wales.

• (4) The following provisions come into force on such day as the Scottish Ministers may by order appoint—

• (a) sections 90 and 92 to 98;

• (b) Schedule 5;

• (c) section 117(8);

• (d) in so far as relating to the Town and Country Planning (Scotland) Act 1997, section 118(2) and Schedule 7;

• (e) section 119(2); and

• (f) in so far as relating to that Act, to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or to the Planning (Hazardous Substances) (Scotland) Act 1997, section 120 and Schedule 9.

• (5) Part 6 comes into force in accordance with provision made by the National Assembly for Wales by order.

• (6) In Schedule 7, paragraph 10(7) comes into force at the end of the period of two months starting on the day this Act is passed.

Regulations and orders

122

• (1) A power to prescribe is (unless express provision is made to the contrary) a power to prescribe by regulations exercisable—

• (zb) regulations made under section 39A(3);

• (a) by the Secretary of State in relation to England;

• (b) by the Welsh Ministers in relation to Wales.

• (2) References in this section to subordinate legislation are to any order or regulations under this Act.

• (3) Subordinate legislation—

• (a) may make different provision for different purposes;

• (b) may include such supplementary, incidental, consequential, saving or transitional provisions (including provision amending, repealing or revoking enactments) as the person making the subordinate legislation thinks necessary or expedient.

• (4) A power to make subordinate legislation must be exercised by statutory instrument.

• (5) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament unless it contains—

• (a) regulations made by the Secretary of State under section 46;

• (b) an order under section 98, 116(1) or 119(2);

• (c) an order under section 110(2);

• (d) an order under section 121(1) to which subsection (8) applies;

• (e) an order under section 121(4);

• (f) provision amending or repealing an enactment contained in an Act;

• (g) subordinate legislation made by the Welsh Ministers .

• (6) A statutory instrument mentioned in subsection (5) (za), (zb), (a), (c) or (f) must not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.

• (6A) Subsection (6) does not apply in relation to a statutory instrument containing subordinate legislation made by the Welsh Ministers.

• (6B) The Welsh Ministers must not make a statutory instrument containing subordinate legislation which includes provision amending or repealing an enactment contained in primary legislation unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

• (6C) A statutory instrument containing subordinate legislation made by the Welsh Ministers to which subsection (6B) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) A statutory instrument containing an order under section 98 or 119(2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (8) This subsection applies to an order which does not contain provision amending or repealing an enactment contained in an Act.

• (9) A statutory instrument containing an order under section 121(4), if it includes provision amending or repealing an enactment contained in an Act, must not be made unless a draft of the instrument has been laid before and approved by resolution of the Scottish Parliament.

• (10) In subsection (3), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament and in subsections (8) and (9), “Act” includes such an Act and “enactment” includes an enactment comprised in such an Act.

• (11) In subsection (6B), “primary legislation” means—

• (a) an Act of Parliament;

• (b) an Act or Measure of the National Assembly for Wales.

Finance

123

• (1) There is to be paid out of money provided by Parliament—

• (a) any expenses of the Secretary of State in making grants in connection with the provision of advice and assistance in relation to the planning Acts;

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

• (2) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums so payable under any other enactment.

Extent

124

• (1) Except as otherwise provided in this section, this Act extends to England and Wales only.

• (2) Sections 111(1), 118(2), 120 to 122, this section and section 125 extend also to Scotland.

• (3) Sections 90 to 98, 117(8) and 119(2) extend to Scotland only.

• (4) The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.

Short Title

125

This Act may be cited as the Planning and Compulsory Purchase Act 2004.

SCHEDULE 1

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

SCHEDULE 2

Decisions

1

This Schedule applies to any decision which must be taken by the Secretary of State under—

• (a) section 77 of the principal Act (reference of applications to Secretary of State);

• (b) section 78 of the principal Act (right to appeal against planning decisions).

2

• (1) This Schedule also applies to a decision not mentioned in paragraph 1 if each of the following two conditions applies.

• (2) The first condition is that the Secretary of State thinks the decision is connected with a decision mentioned in paragraph 1.

• (3) The second condition is that—

• (a) the Secretary of State is required by virtue of any enactment to take the decision, or

• (b) (in any case to which paragraph (a) does not apply) the Secretary of State by virtue of a power under any enactment directs that the decision must be referred to him.

3

But the Secretary of State may by order specify decisions or descriptions of decisions to which a timetable is not to apply.

Timetable

4

• (1) The Secretary of State must make one or more timetables for the purposes of decisions to which this Schedule applies.

• (2) A timetable may make different provision for different decisions or different descriptions of decision.

• (3) A timetable—

• (a) has effect from such time as the Secretary of State determines;

• (b) must set out the time within which the decision must be taken;

• (c) may set out the time within which any other step to be taken for the purposes of the decision must be taken.

• (4) A timetable made under this paragraph must be published in such form and manner as the Secretary of State thinks appropriate.

Notice

5

• (1) The Secretary of State must notify the following persons as soon as practicable of the published timetable which applies to a decision—

• (a) the applicant or appellant (as the case may be) in relation to the decision;

• (b) the local planning authority for the area to which the decision relates;

• (c) any other person who requests such notification.

• (2) But the Secretary of State may direct that the timetable is subject to such variation as he specifies in the notice under sub-paragraph (1).

• (3) If the Secretary of State acts under sub-paragraph (2) the notice under sub-paragraph (1) must also specify the reasons for the variation.

• (4) The timetable notified under this paragraph is the applicable timetable.

Variation

6

• (1) This paragraph applies if before the time at which any step must be taken in accordance with the applicable timetable the Secretary of State thinks that there are circumstances which are likely to prevent the taking of the step at that time.

• (2) The Secretary of State may vary the applicable timetable accordingly.

• (3) If the Secretary of State varies the applicable timetable under sub-paragraph (2) he must notify the persons mentioned in paragraph 5(1) of the variation and the reason for it.

Written reasons

7

If the Secretary of State fails to take any step in accordance with the applicable timetable (or that timetable as varied under paragraph 6) he must give written reasons to the persons mentioned in paragraph 5(1).

Annual report

8

• (1) The Secretary of State must lay before Parliament a report in respect of each year which—

• (a) reviews his performance under the provisions of this Schedule;

• (b) explains any failure to comply with a timetable.

• (2) The report must be published in such form and manner as the Secretary of State thinks appropriate.

SCHEDULE 3

Purchase notices

1

After section 137 of the principal Act (circumstances in which a purchase notice may be served) there is inserted the following section—

(137A) (1) A purchase notice may be served in respect of Crown land only as mentioned in this section. (2) The owner of a private interest in Crown land must not serve a purchase notice unless— (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and (b) the offer is refused by the appropriate authority. (3) The appropriate authority may serve a purchase notice in relation to the following land— (a) land belonging to Her Majesty in right of Her private estates; (b) land belonging to Her Majesty in right of the Duchy of Lancaster; (c) land belonging to the Duchy of Cornwall; (d) land which forms part of the Crown Estate. (4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice. (5) Expressions used in this section and in Part 13 must be construed in accordance with that Part.

2

After section 32 of the listed buildings Act (circumstances in which a purchase notice may be served) there is inserted the following section—

(32A) (1) A listed building purchase notice may be served in respect of Crown land only as mentioned in this section. (2) The owner of a private interest in Crown land must not serve a listed building purchase notice unless— (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and (b) the offer is refused by the appropriate authority. (3) The appropriate authority may serve a listed building purchase notice in relation to the following land— (a) land belonging to Her Majesty in right of Her private estates; (b) land belonging to Her Majesty in right of the Duchy of Lancaster; (c) land belonging to the Duchy of Cornwall; (d) land which forms part of the Crown Estate. (4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a listed building purchase notice.

Compulsory acquisition

3

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

• (2) After subsection (2) there is inserted the following subsection—

(2A) The Secretary of State must not authorise the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority consents to the acquisition.

• (3) After subsection (8) there is inserted the following subsection—

(9) Crown land must be construed in accordance with Part 13.

4

• (1) Section 228 of the principal Act (compulsory acquisition of land by the Secretary of State) is amended as follows.

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

(1A) But subsection (1) does not permit the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority consents to the acquisition.

• (3) After subsection (7) there is inserted the following subsection—

(8) Crown land must be construed in accordance with Part 13.

5

• (1) Section 47 of the listed buildings Act (compulsory acquisition of listed building in need of repair) is amended as follows.

• (2) After subsection (6) there is inserted the following subsection—

(6A) This section does not permit the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority (within the meaning of section 82C) consents to the acquisition.

Definitions

6

• (1) Section 293 of the principal Act (preliminary definitions) is amended as follows.

• (2) In subsection (1) for the definition of “Crown interest” there is substituted the following definition—

“Crown interest” means any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (c) such other interest as the Secretary of State specifies by order;

.

• (3) In subsection (2) after paragraph (b) there is inserted the following paragraph—

(ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

.

• (4) In subsection (2) after paragraph (e) there are inserted the following paragraphs—

(f) in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (g) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain.

• (5) After subsection (2) there is inserted the following subsection—

(2A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.

• (6) After subsection (3) there are inserted the following subsections—

(3A) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862. (3B) In subsection (2A) the Crown includes— (a) the Duchy of Lancaster; (b) the Duchy of Cornwall; (c) a person who is an appropriate authority by virtue of subsection (2)(f) and (g).

• (7) After subsection (4) there are inserted the following subsections—

(5) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument. (6) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

7

In the listed buildings Act after section 82B (inserted by section 83(1)) there is inserted the following section—

(82C) (1) In this Act, expressions relating to the Crown must be construed in accordance with this section. (2) Crown land is land in which there is a Crown interest or a Duchy interest. (3) A Crown interest is any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (c) such other interest as the Secretary of State specifies by order. (4) A Duchy interest is— (a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or (b) an interest belonging to the Duchy of Cornwall. (5) A private interest is an interest which is neither a Crown interest nor a Duchy interest. (6) The appropriate authority in relation to any land is— (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners; (b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land; (c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State; (d) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; (e) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints; (f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department; (g) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (h) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain. (7) If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Treasury, whose decision is final. (8) For the purposes of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application. (9) For the purposes of subsection (8) the Crown includes— (a) the Duchy of Lancaster; (b) the Duchy of Cornwall; (c) a person who is an appropriate authority by virtue of subsection (6)(g) and (h). (10) The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862. (11) An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument. (12) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

8

• (1) Section 31 of the hazardous substances Act (exercise of powers in relation to Crown land) is amended as follows.

• (2) Subsections (1) and (2) are omitted.

• (3) In subsection (3) for the definition of “Crown interest” there is substituted the following definition—

“Crown interest” means any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (c) such other interest as the Secretary of State specifies by order;

.

• (4) In subsection (5) after paragraph (a) there is inserted the following paragraph—

(aa) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

.

• (5) In subsection (5) after paragraph (d) there are inserted the following paragraphs—

(e) in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (f) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain.

• (6) After subsection (6) there are inserted the following subsections—

(7) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862. (8) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (3) must be made by statutory instrument. (9) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Special enforcement notices

9

• (1) Sections 294 and 295 of the principal Act (control of development on Crown land: special enforcement notices) are omitted.

• (2) But the repeal of sections 294 and 295 does not affect their operation in relation to development carried out before the commencement of this paragraph.

Applications for planning permission, etc.

10

• (1) After section 298 of the principal Act (supplementary provision as to Crown and Duchy interests) there is inserted the following section—

(298A) (1) This section applies to an application for planning permission or for a certificate under section 192 made by or on behalf of the Crown. (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications. (3) A statutory provision is a provision contained in or having effect under any enactment.

• (2) Section 299 of the principal Act is omitted.

• (3) The repeal of section 299 of the principal Act does not does not affect any requirement made in pursuance of regulations made under subsection (5)(b) of that section.

11

After section 82E of the listed buildings Act (inserted by section 84) there is inserted the following section—

(82F) (1) This section applies to an application for listed building consent or conservation area consent made by or on behalf of the Crown. (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications. (3) A statutory provision is a provision contained in or having effect under any enactment.

12

• (1) After section 31 of the hazardous substances Act (exercise of powers in relation to Crown land) there is inserted the following section—

(31A) (1) This section applies to an application for hazardous substances consent made by or on behalf of the Crown. (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications. (3) A statutory provision is a provision contained in or having effect under any enactment.

• (2) Section 32 of the hazardous substances Act is omitted.

Rights of entry

13

After section 325 of the principal Act (supplementary provisions as to rights of entry) there is inserted the following section—

(325A) (1) Section 324 applies to Crown land subject to the following modifications. (2) A person must not enter Crown land unless he has the relevant permission. (3) Relevant permission is the permission of— (a) a person appearing to the person seeking entry to the land to be entitled to give it, or (b) the appropriate authority. (4) In subsection (8) the words “Subject to section 325” must be ignored. (5) Section 325 does not apply to anything done by virtue of this section. (6) “Appropriate authority” must be construed in accordance with section 293(2).

14

After section 88B of the listed buildings Act (rights of entry: supplementary provisions) there is inserted the following section—

(88C) (1) Section 88 applies to Crown land subject to the following modifications. (2) A person must not enter Crown land unless he has the relevant permission. (3) Relevant permission is the permission of— (a) a person appearing to the person seeking entry to the land to be entitled to give it, or (b) the appropriate authority. (4) In subsection (6) the words “Subject to section 88B(8)” must be ignored. (5) Section 88B does not apply to anything done by virtue of this section. (6) “Appropriate authority” must be construed in accordance with section 82C(6).

15

After section 36B of the hazardous substances Act (rights of entry: supplementary provisions) there is inserted the following section—