LegalizeThe Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991
Made: 18th September 1991
The Secretary of State, in exercise of the powers conferred on him by section 84(2) and (3) of the Planning and Compensation Act 1991([^f00001]) and all other powers enabling him in that behalf, hereby makes the following Order:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991.
Interpretation
2
In this Order–
- “commencement date” means the 25th September 1991; and
- “the 1991 Act” means the Planning and Compensation Act 1991.
Commencement
3
Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991:–
- section 47;
- section 48;
- section 50;
- section 57 in so far as it relates to the provisions of Schedule 10 referred to below;
- section 60(1), (4), (6), (7) and (8);
- section 61 in so far as it relates to the provisions of Schedule 13 referred to below;
- sections 71 to 76;
- section 77;
- section 78;
- section 79;
- section 80 in so far as it relates to the provisions of Schedule 18 referred to below;
- section 84(6) in so far as it relates to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order;
- Schedule 10 in so far as it relates to paragraphs 1 and 2;
- Schedule 12;
- Schedule 13 in so far as it relates to paragraphs 2, 5, 6, 7(a)(ii) and (iii) and (b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(i);
- Schedule 16;
- Schedule 17;
- Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972([^f00002]) in Part I;
- Schedule 19 in so far as it relates to the repeals in Part IV specified in Schedule 1 to this Order.
Cases where commencement limited
4
–
- (1) The provisions of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified–
- (a) in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;
- (b) in relation to a compulsory purchase order made by a Minister, paragraph 3 of Schedule 1 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947([^f00003]) as applied by paragraph 7(4) of that Schedule has been complied with;
- (c) in relation to a purchase notice within the meaning of Part IX of the Town and Country Planning (Scotland) Act 1972([^f00004]), the following events:–
- (i) in the case of a purchase notice served in accordance with section 169(1) of that Act, planning permission is refused or granted subject to conditions;
- (ii) in the case of a purchase notice served in accordance with section 177(1) of that Act, planning permission is revoked or modified by the imposition of conditions by way of an order under section 42 of the Act;
- (iii) in the case of a purchase notice served in accordance with section 178(1) of that Act, an order is made under section 49 of the Act;
- (d) in relation to a blight notice within the meaning of subsection (6) of section 181 of the said 1972 Act([^f00005]), the land falls within any of the descriptions set out at subsection (1) of that section.
- (2) A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.
- (3) In Part II of that Schedule, except where a contrary intention appears–
- (a) an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and
- (b) a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.
SCHEDULE 1 — REPEALS IN PART IV OF SCHEDULE 19 (REPEALS: SCOTLAND)
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1963 c. 51 | Land Compensation (Scotland) Act 1963 | In section 12, in rule 3, the words “the special needs of a particular purchaser or”. |
| Section 23(4)(a) and (b). | ||
| Section 25(8). | ||
| Section 30(3). | ||
| 1965 c. 36 | Gas Act 1965 | In Schedule 3, paragraph 3. |
| 1968 c. 14 | Public Expenditure and Receipts Act 1968 | In Schedule 3, paragraph 7(a). |
| 1972 c. 52 | Town and Country Planning (Scotland) Act 1972 | Section 19(5). |
| Section 35. | ||
| Section 36. | ||
| In section 58(2)(a), “35, 36,”. | ||
| In section 106, the words from “other than” to the end. | ||
| Part VII (except section 145). | ||
| In section 155(5), the words from “and subsection (5)” to the end. | ||
| In section 155(6), the words, “and in section 156 of this Act”. | ||
| Section 156. | ||
| Section 157(1). | ||
| In section 157(3), the words from “(a)” to “(b)” and, in the proviso, the words “paragraph (a) or”. | ||
| Section 157(4). | ||
| Section 158. | ||
| Section 160. | ||
| Section 169(3). | ||
| Section 231(3)(c). | ||
| In section 244(2), the words, from “sub-section (4)” to “applied by”. | ||
| Section 245. | ||
| In section 246, the words “or 245”. | ||
| Section 248. | ||
| In section 249, the words “Without prejudice to section 248 of this Act, and”. | ||
| Section 263. | ||
| Section 264 | ||
| In section 265, subsection (5), the words “Part VII of”. | ||
| In section 275(1) the definitions of “new development” and “previous apportionment”. | ||
| In Schedule 6, paragraph 3 to 9 and 12. | ||
| In Part I of Schedule 19, “section 158 except subsection (5)”. | ||
| 1973 c. 56 | Land Compensation (Scotland) Act 1973 | Section 5(3)(a) and (b). |
| In section 28, in subsection (1), the words “passed the resolution” in paragraph (ii), and the words “and” following | ||
| paragraph (iii); and subsection (5). | ||
| Section 31(6) | ||
| Section 48(9)(b). | ||
| 1980 c. 65 | Local Government, Planning and Land Act 1980 | Section 114(2). |
| 1982 c. 16 | Civil Aviation Act 1982 | In section 53(1)(a), the word “158”. |
| 1986 c. 31 | Airports Act 1986 | In section 61(1)(a), the word “158”. |
SCHEDULE 2 — CASES WHERE COMMENCEMENT LIMITED
PART I
1
Section 73 (advance payments of compensation and interest).
2
Section 74 (planning assumptions in connection with acquisition of land by roads authorities).
3
Section 78 (time limit on validity of notice to treat).
4
Section 79 (further amendments relating to land compensation in Scotland) and Schedule 17 in so far as they relate to the following paragraphs of that Schedule:–
- paragraphs 2 and 3 (local authority and statutory undertakers' land)
- paragraph 5 (rules for assessment of compensation)
- paragraph 6 (expenses in acquiring replacement land)
- paragraph 14 (farm loss payments)
- paragraph 15 (notice to quit agricultural holding; right to opt for notice of entry compensation)
- paragraph 21 (advance payments of compensation and interest).
5
Section 80(1) (interest on compensation) and Schedule 18, Part I in so far as they relate to section 39(3) of the Land Compensation (Scotland) Act 1963[^f00006].
6
Section 84(6) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 of section 12 of the Land Compensation (Scotland) Act 1963 and sections 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973([^f00007]).
PART II
7
Section 80(1) (interest on compensation) and Schedule 18 in so far as they relate to—
8
Section 84(6) and Schedule 19 in so far as they relate to the repeals in Part IV of that Schedule of or in—
Signed
Ian Lang — One of Her Majesty’s Principal Secretaries of State — 18th September 1991
Explanatory note
(This note is not part of the Order)
This Order brings into force on 25th September 1991 the following provisions of the Planning and Compensation Act 1991–
- section 47 (power of planning authority to decline to determine applications);
- section 48 (assessment of environmental effects);
- section 50 (dismissal of appeals in cases of undue delay);
- section 57 (listed buildings, conservation areas and hazardous substances) and Schedule 10 in so far as they relate to paragraphs 1 and 2 of that Schedule;
- section 60(1), (4), (6), (7) and (8) (repeal of certain compensation provisions of the Town and Country Planning (Scotland) Act 1972) and Schedule 12;
- section 61 (planning: minor and consequential amendments – Scotland) and Schedule 13 in so far as they relate to paragraphs 2, 5, 6, 7(a)(ii) and (iii), 7(b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(ii) of that Schedule;
- sections 71-79 (land compensation – Scotland) and Schedules 16 and 17;
- section 80 (interest on compensation and payments on account) and Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972 in Part I of that Schedule;
- section 84(6) (repeals) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order.
- Article 4 of, and Schedule 2 to, the Order limit, as specified there, the commencement of–
- sections 47(1) (power of planning authority to decline to determine applications), 72 to 75, 78 (land compensation – Scotland) and 80(1) (interest on compensation);
- in Schedule 17, paragraphs 2, 3, 5, 6, 7 to 10, 14, 15, 20 and 21 (amendments relating to land compensation);
- in Schedule 19, the repeals of or in sections 12, 25(8), 30(3) of the Land Compensation (Scotland) Act 1963 and sections 35, 36, 156, 248 and 275(1) of the Town and Country Planning (Scotland) Act 1972 and sections 27(1), 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973.
Section 60(7) of the 1991 Act prevents the repeals effected by section 60(1) of that Act affecting any claim for compensation under Part VII of the Town and Country Planning (Scotland) Act 1972 duly made before 25th September 1991.
Footnotes
[^f00001]: 1991 c. 34.
[^f00002]: 1972 c. 52.
[^f00003]: 1947 c. 42; paragraph 3 of Schedule 1 was modified by the Town and Country Planning (Scotland) Act 1972 (c. 52), section 107(3); section 107(3) of the 1972 Act was amended by the Local Government (Scotland) Act 1973 (c. 65), Schedule 23, paragraph 22(b).
[^f00004]: 1972 c. 52.
[^f00005]: Section 181(6) was amended by the Land Compensation (Scotland) Act 1973 (c. 56), sections 71(2)(b) and 77(2).
[^f00006]: 1963 c. 51.
[^f00007]: 1973 c. 56.
[^f00008]: 1972 c. 52.
[^f00009]: 1973 c. 56; section 27(1) was amended by the Housing Act 1974 (c. 44), Schedule 13, paragraph 42(1), the Housing Rents and Subsidies (Scotland) Act 1975 (c. 28), Schedule 3, paragraph 9, the Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Schedule 2, paragraph 12(a), the Housing (Scotland) Act 1986 (c. 65), section 20(2), and the Housing (Scotland) Act 1987 (c. 26), Schedule 23, paragraph 19(1).
[^f00010]: 1963 c. 51.
[^f00011]: 1930 c. 20.
[^f00012]: 1941 c. 13.
[^f00013]: 1958 c. 24.
[^f00014]: 1967 c. 10.
[^f00015]: 1972 c. 52.
[^f00016]: 1975 c. 23.
[^f00017]: 1979 c. 46.
[^f00018]: 1980 c. 45.
[^f00019]: 1984 c. 54.
[^f00020]: 1963 c. 51.
[^f00021]: 1972 c. 52.
[^f00022]: 1973 c. 56.
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