UKPGA-1991-34 Planning and Compensation Act 1991 UK

for “land is damaged” there is substituted “ damage is caused to land or chattels ”; and

for the words from “in respect of” to “in the land” there is substituted “ may be recovered by any person suffering the damage ”.

in paragraph 3(2) (functions which appear to the district planning authority to relate to a county matter to be exercised by the county authority) for “appears to the district planning authority to relate” there is substituted “ relates ”,

paragraphs 3(3) to (6) and 4(1) (all applications to be made to district planning authority) are omitted.

consisting of the winning and working of minerals; or

involving the depositing of mineral waste,

the permission has effect in accordance with subsection (2) above; and

the development is carried out after such an application is finally determined.

if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made; and

if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.

such an application is granted; but

an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,

shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and

shall not affect any order made or having effect as if made under section 102 of or Schedule 9 to the principal Act (discontinuance, etc. orders).

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

in subsection (3) “on indictment” is omitted; and

subsection (5) is omitted.

in subsection (1), in paragraph (b) “198 to 200” is omitted;

in paragraph (c) of that subsection for “or Part VIII” there is inserted “ or Chapter 2 or 3 of Part VIII ”;

subsection (2) is omitted; and

in subsection (5) for “Part VIII (other than section 204)” there is substituted “ Chapter 2 or 3 of Part VIII ”.

after “notice” there is inserted “ awning, blind ”;

after “used,” there is inserted “ or designed ”; and

after “use” there is inserted “ and anything else principally used, or designed or adapted principally for use, ”.

modifies the procedure for making simplified planning zones, and

makes minor and consequential amendments of Schedule 7 to the principal Act,

in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

in subsection (3), for the words following “substituted” (in the second place) there is substituted—

for subsection (4) there is substituted—,

in subsection (5), for paragraph (a) there is substituted—,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

Part I contains miscellaneous amendments, and

Part II contains minor and consequential amendments,

in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

in subsection (3), for the words following “substituted” (in the second place) there is substituted—,

for subsection (4) there is substituted—,

in subsection (5), for paragraph (a) there is substituted—,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

the compensation has been agreed or awarded or has been paid or paid into a bank;

a general vesting declaration has been executed under paragraph 1 of Schedule 15 to the Town and Country Planning (Scotland) Act 1997;

the acquiring authority have entered on and taken possession of the land specified in the notice; or

the question of compensation has been referred to the Lands Tribunal for Scotland.

any of the events referred to in that subsection have then taken place; or

the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2) of this section, and

shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

Part I of which contains miscellaneous amendments; and

Part II of which contains minor and consequential amendments,

compensation under any provision mentioned in Schedule 18 to this Act, or

interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the Lands Clauses Consolidation Act 1845 or ...,

it is agreed or determined that he is not liable to pay the compensation or interest, or

by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,

any order made before the day on which this section comes into force under section 188 of that Act (new street orders) or under any enactment from which that section is derived; or

any powers of a local authority exercisable under Part X of that Act in respect of such an order.

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

in subsection (4)(b) for “any term of a relevant agreement” there is substituted “ any relevant obligation ”; and

for subsection (7) there is substituted—

The principal Act is amended as follows.

In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—.

In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—

In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—

In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.

For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—

In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.

For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—

In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.

In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.

In section 336(1) (interpretation)—

after the definition of “conservation area” there is inserted—

the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;

in the definition of “minerals” for “minerals and substances in or under land” there is substituted “ substances ”;

the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and

at the end there is inserted—

In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—

in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and

sub-paragraph (2) is omitted.

in paragraph (a) after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”; and

in paragraph (b) for “operations for the winning and working of minerals have been completed” there is substituted “ the winning and working is completed or the depositing has ceased ”.

if they are satisfied that (apart from section 22(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—and grant the application, and

in any other case, refuse the application.

application has been made under this paragraph, but

the mineral planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

after the date mentioned in sub-paragraph (5) below, and

except where section 22(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

the date on which the application for registration is granted by the mineral planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

in any other case, the date on which the application for registration is finally determined.

the mineral planning authority must determine the conditions to which the permission is to be subject, and

if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 22 of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

made on an official form, and

accompanied by an appropriate certificate.

as would be required under the provisions mentioned in sub-paragraph (6) or, as the case may be, (7) below to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or, as the case may be, involving the depositing of mineral waste, but

with such modifications as are required for the purposes of this Schedule.

sections 66 to 68 of the principal Act (notification of owners and agricultural tenants) and any provisions of a development order made by virtue of those sections, or

where section 16(1) of this Act is in force, any provision, corresponding to the provisions referred to in paragraph (a) above, of section 65 of that Act (notice etc. of applications) and of a development order made by virtue of that section.

sections 65 to 68 of the principal Act (publicity for applications) and any provision of a development order made by virtue of those sections, or

where section 16(1) of this Act is in force, section 65 of that Act and any provision of a development order made by virtue of that section.

refuse an application under paragraph 1 above, or

in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

is made on an official form, and

is accompanied by an appropriate certificate.

allow or dismiss the appeal, or

reverse or vary any part of the decision of the mineral planning authority (whether the appeal relates to that part of it or not),

give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority,

before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

the decision of the Secretary of State on the application shall be final.

he may not serve any further application under the paragraph in question in respect of the same permission, and

if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

another person duly serves an application under the paragraph in question in respect of the same permission,

is the estate owner in respect of the fee simple, or

is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.

the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the principal Act, have been determined, and

any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—

for subsection (4) there is substituted—; and

in subsection (5) “on indictment” is omitted.

For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—.

For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—

For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—

For section 43 of that Act (penalties for non-compliance) there is substituted—

After section 44 of that Act there is inserted—

in subsection (1) after “on it” there is inserted “ or any other land ”,

in subsection (2)(a) after “surveying it” there is inserted “ or any other land ”,

in subsection (2)(b) after “complied with” there is inserted “ in relation to the land or any other land ”,

in subsection (2)(c) after “on the land” there is inserted “ or any other land ”,

in subsection (2)(d) for “such building” there is substituted “ building on the land or any other land ”,

in subsection (3)(a) after “section 59” there is inserted “ in relation to the land or any other land ”, and

in subsection (3)(b) and (c) after “the land” there is inserted “ or any other land ”.

In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—

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

for the words following paragraph (b) there is substituted—.

In section 24 of that Act (hazardous substances contravention notices)—

in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and

in subsection (8) after “before” there is inserted “ or after ”, and

at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

After that section there is inserted—

In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.

After section 26(2) of that Act (transitional exemptions) there is inserted—

After section 26 of that Act there is inserted—

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.

In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.

In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—

in subsection (2) “within such period as may be so specified” is omitted,

for subsection (3) there is substituted—, and

in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.

In section 39(7) of that Act “in writing” is omitted.

In section 42 of that Act—

in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and

subsection (7) is omitted.

In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.

Section 55(6) of that Act is omitted.

In section 82 of that Act—

in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and

in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.

In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.

In section 90(6)(b) of that Act “and 42(6)” is omitted.

In section 92(2)(b) of that Act “and 42(6)” is omitted.

In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.

In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.

In section 25(1) of the Planning (Hazardous Substances) Act 1990—

in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and

in paragraph (c) “(1) to (5) and (7)” is omitted.

In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.

In section 36(5) of that Act “Subject to subsection (6)” is omitted.

Part II of the principal Act (development plans) is amended as follows.

After that section there is inserted—

For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—

In section 14 (withdrawal of unitary development plan)—

in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and

subsection (3) (concerning publicity) is omitted.

In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—

In section 16 (local inquiries) for subsection (1) there is substituted—

In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.

In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.

In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.

In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”

Section 22 (short procedure for certain alterations and replacements) is omitted.

In section 23 (joint unitary development plans)—

subsections (2) to (4) and (9) and (10) are omitted;

in subsection (5) for “(3)” there is substituted “ (2) ”;

in subsection (6) for “(4)” there is substituted “ (3) ”; and

in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.

In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—

after paragraph (c) there is inserted—

in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and

after that paragraph there is inserted—.

In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—

For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—

For section 42(1) and (2) (local inquiries) there is substituted—

For sections 46 to 48 (conformity between local plan and structure plan) there is substituted—

In section 49 “repeal” is omitted.

in the opening words, “repeal” is omitted;

in paragraph (a)—

in paragraph (b) “and they may do so as respects any part of that area to which the proposals relate” is omitted.

In section 51(1) “repeal”, in both places where it occurs, is omitted.

After section 51 there is inserted—

in paragraph (b) “repeal” is omitted;

after paragraph (c) there is inserted—

in paragraph (f) for the words from “for the purpose” to “40(2)(a)” there is substituted “ in compliance with the regulations or available for inspection under section 33(2) or 40(2) ”;

after that paragraph there is inserted—

in paragraph (g) “repealing” is omitted.

In section 284(1)(a) of the principal Act (validity of development plans etc.)—

after “local plan” there is inserted “ minerals local plan, waste local plan ”; and

“repeal”, in both places where it occurs, is omitted.

In section 287 of that Act (proceedings for questioning validity of development plans, etc.)—

in subsection (1) after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

in subsections (1) to (3) and (5) “repeal” is omitted.

In section 306(2) of that Act (contributions by local authorities and statutory undertakers)—

after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

“repeal” is omitted.

In section 324(1)(a) (rights of entry in connection with preparation etc. of plans), after “local plan” there is inserted “ minerals local plan or waste local plan ”.

In section 336(1) (interpretation) in the definition of “development plan” after “Schedule 2” there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.

for sub-paragraphs (i) to (iii) there is substituted—and

for sub-paragraphs (v) to (vii) there is substituted—.

in Part I, paragraphs 3, 5 and 6, and

in Part II, paragraphs 3 to 16 and 18,

in paragraph (a) for “13(3)” there is substituted “ 13(2) ”; and

in paragraph (b) “or under section 22” is omitted.

in paragraph (a) for “13(3)” there is substituted “ 13(2) ”;

in paragraph (b) “or under section 22” is omitted.

In Schedule 4 to the Planning (Consequential Provisions) Act 1990—

in paragraph 1, in the Table, the entry relating to section 9(4) of the 1971 Act and paragraph 2 of that Schedule is omitted;

paragraph 2 is omitted.

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

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

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

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

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

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

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

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

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

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

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

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

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

In Schedule 7 to the principal Act (simplified planning zones) for paragraphs 5 to 7 there is substituted—

In Schedule 1 to that Act, paragraph 9(2) and (3) is omitted.

Schedule 7 to that Act is amended as follows.

At the end of paragraph 4(1) there is added “ and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”

In paragraph 8(4) for “to hold a local inquiry or other hearing” there is substituted “ for the purposes of this paragraph ”.

In paragraph 10(2)(a) after “hearing” there is inserted “ or any consideration of objections ”.

For paragraph 12(1) there is substituted—

In paragraph 13(2)—

after paragraph (b) there is inserted—and

in paragraph (e) the words from “for the purpose” to “6(2)” are omitted.

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

in subsection (4), paragraphs (a) and (b) are omitted.

In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (b) is omitted.

In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts V and XII of the Town and Country Planning Act 1990” there is substituted “ Part XII of the Town and Country Planning Act 1990 ”.

for subsection (2) there is substituted—; and

in subsection (3), paragraphs (a) and (b) are omitted.

In section 53(1)(a) of the Civil Aviation Act 1982 “114,” is omitted.

In section 61(1)(a) of the Airports Act 1986 “114,” is omitted.

The principal Act is amended as follows.

In section 55 (meaning of development) subsection (6) (meaning of new development) is omitted.

In section 56(5) (time when development begun) for paragraph (b) there is substituted—.

Sections 80 and 81 (review of planning decisions where compensation claimed under Part V) are omitted.

In section 90(3) (development with Government authorisation) for “Parts V and” there is substituted “ Part ”.

In section 109(6) (apportionment of compensation for depreciation) for “in sections 110 and 113” there is substituted “ section 110 ”.

In section 111 (recovery of compensation under section 107 on subsequent development)—

in subsections (1) and (2) “new”, in both places where it occurs, is omitted;

in subsection (2) for “and (4)” there is substituted “ to (5) ”; and

for subsection (5) there is substituted—

In section 112 (amount recoverable under section 111 and provisions for payment or remission of it) the following are omitted—

in subsection (9), “new”;

in subsection (12), paragraph (a); and

in subsection (13), “paragraph (a) or paragraph (b) of”.

Section 113 (contribution of Secretary of State where compensation could have been claimed under Part V) is omitted.

In section 138(2)(a) (circumstances in which land incapable of reasonably beneficial use) for “new development,” there is substituted “ development other than any development specified in paragraph 1 or 2 of Schedule 3; ”.

In section 144 (special provisions as to compensation where purchase notice served)—

in subsection (2)(b), for “existing use value” there is substituted “ Schedule 3 value ”; and

in subsection (6), for the definition of “existing use value” there is substituted—

In section 198(4)(a) (tree preservation orders) “80, 81” is omitted.

In section 220(3)(a) (advertisement regulations) “80, 81” is omitted.

In section 262(4) and (7)(a) (meaning of “statutory undertakers”) “123” is omitted.

In section 263(3) (meaning of “operational land”) “123(3) and (4)” is omitted.

In section 284(3) (validity of orders, etc.) paragraph (c) is omitted.

in subsection (1)(b), “or 132(1)” is omitted;

in subsection (2), “or, as the case may be, section 132(4)” is omitted; and

in subsection (6) “and in section 309” is omitted.

Section 309 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.

In section 310 (sums recoverable from acquiring authorities reckonable for purposes of grant) “or 309” is omitted.

In section 311(1)(b) (expenses of government departments) “or V” is omitted.

Section 312 (payments under s. 59 of 1947 Act and Parts I and V of 1954 Act) is omitted.

In section 313 (general provision as to receipts of Secretary of State) “Without prejudice to section 312, and” is omitted.

In section 315(2) (power to modify Act in relation to minerals) the words from “and in relation” to “in respect of such land” are omitted.

In section 318(5) (ecclesiastical property) for “112, 133 or 327” there is substituted “ or 112 ”.

In section 324 (rights of entry) subsection (4) is omitted.

Section 326 (assumptions as to planning permission in determining value of interests in land) is omitted.

Section 327 (recovery on subsequent development of payments in respect of war-damaged land) is omitted.

In section 328(1) (settled land, etc.) for “112, 133 or 327” there is substituted “ or 112 ”.

In section 336(1) (interpretation) the definitions of “new development” and “previous apportionment” are omitted.

In Schedule 1 (distribution of functions) in paragraph 16(1) “114” is omitted.

In Schedule 16 (provisions referred to in sections 314 to 319)—

in Part I for the entry relating to sections 114 and 115 there is substituted— “ Section 115 ”,

in Parts III and VI, the entries relating to Schedule 12 are omitted.

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

In section 32(4) of that Act (purchase notices) for “new development” there is substituted “ development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act) ”.

In section 49 of that Act (compensation on compulsory acquisition of building) the words from “other than” to the end are omitted.

In section 88(4) of that Act (rights of entry) “27,” is omitted.

In section 91(2) of that Act (interpretation) “new development” is omitted.

The saving made by paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings) shall cease to have effect in relation to any right to or claim for or any liability in respect of any payment—

under a scheme made under section 59 of the Town and Country Planning Act 1947;

under any provision of Part I or V of the Town and Country Planning Act 1954.

In section 2(3) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words from “it was determined” to the end there is substituted “ a certificate was issued under section 192 of the Town and Country Planning Act 1990 that the operations would be lawful. ”

In Part III of Schedule 12A to the Local Government Act 1972, in the definition of “protected informant”, for “172(3)” there is substituted “ 171A ”.

In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976 paragraph (a)(iii) is omitted.

In section 33(4) of the Rent (Agriculture) Act 1976 for the words from “section 63(2)(b)” to the end there is substituted “ section 73A of the Town and Country Planning Act 1990 ”.

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the principal Act there listed: 171C, 173A, 187A, 187B, 196A to 196C and 324(1)(b) and (c) and (7).

In section 33 of the Local Government (Miscellaneous Provisions) Act 1982, in subsection (1) for paragraphs (a) to (c) there is substituted—

In section 67(3A) of the Housing Act 1988 after “104” there is inserted “ 171C, 171D ”.

The principal Act is amended as follows.

for “sections 36 to 49, 50(6) to (9), 51” there is substituted “ Part II, sections ”,

for “64 to 72” there is substituted “ 65, 69 to 72 ”,

for “81” there is substituted “ 79 ”,

after “106” there is inserted “ to 106B, 171C ”,

after “173” there is inserted “ 173A ”,

after “184” there is inserted “ 187A, 187B ”,

for “215” there is substituted “ 214, 215 ”,

after “299” there is inserted “ 299A ”, and

for “316(1) to (3) and 324(1)(a)” there is substituted “ 316 and 324(1) and (7) ”.

Section 63 is omitted.

Section 64 is omitted.

In section 69—are omitted.

in subsection (1) “made to that authority”, and

in subsection (3) “made to the authority”,

In section 70(3) for “sections 65, 66 and 67” there is substituted “ section 65 ”.

In section 71(4) for the definitions of “agricultural holding” and “owner” there is substituted—.

In section 74(2) “section 71 of this Act and” is omitted.

In section 77(4) for “65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71 ”.

In section 79(4) for “66, 67, 70, 71(2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71 ”.

In section 91(4)(b), for the words from “granted” to the end there is substituted “ granted for development carried out before the grant of that permission ”.

In section 102, for subsections (4) and (5) there is substituted—

In section 174(6) “in writing” is omitted.

For section 176(1) and (2) there is substituted—

for paragraph (a) there is substituted—and

for paragraph (c) there is substituted—.

In section 178(2) “(as defined in section 172(3))” is omitted.

For section 180 there is substituted—

In section 181—

in subsections (1)(a), (4)(b) and (5)(b) for “demolition”, in each place where it occurs, there is substituted “ removal ”;

in subsections (3), (4) and (5) for “demolished”, in each place where it occurs, there is substituted “ removed ”; and

in subsection (5)(b) for “any of the provisions of section 179(1) to (5)” there is substituted “ section 179(2) ”.

In section 184—

in subsection (4)(b) for “compliance period” there is substituted “ period for compliance with the enforcement notice ”;

in subsection (5) for the words from “included” to the end there is substituted “ relevant activities ”;

in subsection (8) for “172(6)” there is substituted “ 172 ”.

In section 186—

in subsection (1)(b) for the words from “matters” to the end there is substituted “ any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity ”; and

in subsection (1)(c) the words from “or for its retention” to “granted” are omitted;

in subsection (2) for the words from “so much” to the end there is substituted “ the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ”.

In section 188—

after subsection (1)(b) there is inserted, and the “and” immediately preceding paragraph (b) is omitted;

in subsection (2)(a) for “or stop notice” there is substituted “ stop notice or breach of condition notice ”, and

in subsection (2)(b) after “stop notices” there is inserted “ and breach of condition notices ”.

Section 190(4) is omitted.

In section 195—

in subsection (1) for “an established use certificate” there is substituted “ a certificate under section 191 or 192 ”,

in subsection (2) for “an established use certificate” there is substituted “ a certificate under section 191 or, as the case may be, 192 ”, and

for subsection (4) there is substituted—

In section 196—

in subsection (1) “an application referred to him under section 192(5) or” is omitted and for “applicant or appellant (as the case may be)” there is substituted “ appellant ”,

in subsection (2) for “an established use certificate on such a reference or” there is substituted “ a certificate under section 191 or 192 on ”,

in subsection (3) “application or” is omitted,

in subsection (4) for “established use certificates” there is substituted “ certificates under section 191 or 192 ”, and

subsections (5) to (7) are omitted.

In section 198(4)(a) “to 68” is omitted.

In section 216(6) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

Section 219(6) is omitted.

In section 220(3)(a) “to 68” is omitted.

In section 224(3) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

Section 250(2) is omitted.

Section 266(3) is omitted.

In section 284(3)(g) the words from “on an application” to “or” are omitted.

In section 285—

in subsection (1) “Subject to the provisions of this section” is omitted;

in subsection (2) “(6) to (8)” is omitted; and

subsections (5) and (6) are omitted.

In section 286—

in subsection (1), paragraph (b) is omitted and in paragraph (c) for “an established use certificate under section 192” there is substituted “ a certificate under section 191 or 192 ”, and

in subsection (2), after “183” there is inserted “ or a breach of condition notice under section 187A ”.

Section 290 is omitted.

In section 306(2)(b) and (3) after “VII”, in both places where it occurs, there is inserted “ except sections 196A and 196B ”.

After section 316 there is inserted—

For section 319 there is substituted—

At the end of section 329 there is inserted—

after the definition of “authority to whom Part II of the 1959 Act applies” there is inserted—,

at the end of the definition of “buildings or works” there is inserted “ and references to the removal of buildings or works include demolition of buildings and filling in of trenches ”; and

for the definition of “building operations” there is substituted—,

the definition of “established use certificate” is omitted,

in the definition of “owner” the words “(except in sections 66, 67 and 71)” are omitted,

after the definition of “the planning Acts” there is inserted—, and

in the definition of “planning permission” the words from “and in construing” to the end are omitted.

in sub-paragraph (1)(a), for “subsections (1) and (4)” there is substituted “ subsections (1), (4) and (6A) ”,

after that sub-paragraph there is inserted—;

in sub-paragraph (1)(b), after “(2)” there is inserted “ to (2A) ”;

in sub-paragraph (1)(c) “and subsection (5) of section 196” is omitted;

in sub-paragraph (1)(d) for “and (8)” there is substituted “ to (8A) ”;

in sub-paragraph (2) after “79(2)” there is inserted “ 106B(4) ”; and

in sub-paragraph (8) “or 290” is omitted.

In Schedule 8, in paragraphs 3(2) and 4(5)(a) for “section 71(1) or (2)” there is substituted “ any provision of a development order made by virtue of section 71(2)(a) ”.

In Schedule 13, in paragraph 5, for “functions of a government department, local authority or statutory undertakers” there is substituted “ such functions as are mentioned in paragraph 1(a)(i) or (ii). ”

in the entry relating to sections 61 to 64 for “to 64” there is substituted “ and 62 ”,

after the entry for section 70 there is inserted— “ Section 70A. ”,

after the entry relating to section 72(1) to (4) there is inserted— “ Section 73A. ”,

in the entry relating to section 77, “(2) and (9), 66 and 67” is omitted,

in the entry relating to sections 78 and 79, the words from “with” to the end are omitted,

for the entry relating to section 106 there is substituted— “ Sections 106 to 106B. ”,

after the entry relating to section 190 there is inserted—,

after the entry relating to section 211(4) there is inserted— “ Sections 214A to 214D. ”,

in the entry relating to section 285, “except subsections (5) and (6)” is omitted,

in the entry relating to section 296, for “sections 65 to 68” there is substituted “ section 65 ”, and

for the entry relating to section 316 there is substituted— “ Sections 316 and 316A. ”

for the entries relating to sections 65 and 68 there is substituted— “ Section 65. ”,

in the entry for section 79 for “and” there is substituted “ to ”,

after the entry relating to section 166 there is inserted— “ Sections 171A to 171D. ”,

for the entry relating to section 187 there is substituted— “ Sections 187 to 187B. ”

for the first three entries there is substituted— “ Sections 109 to 112. ”,

the entries relating to sections 312(2) and 324(4) are omitted, and

for the entry relating to sections 327 and 328 there is substituted— “ Section 328. ”

for the entries relating to sections 65 to 68 there is substituted— “ Section 65. ”,

in the entry relating to section 71 for “and (2)” there is substituted “ (2) and (2A) ”,

for the entry relating to sections 290 and 291 there is substituted— “ Section 291. ”, and

in the entry relating to section 296 for “sections 65 to 68” there is substituted “ section 65 ”.

In section 59(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

For section 67(8) of that Act there is substituted—

For section 73(2) of that Act there is substituted—

For paragraph 3 of Schedule 4 to that Act (distribution of functions: National Parks) there is substituted—

The 1972 Act is amended as follows.

In section 27A (aftercare conditions on permission for winning and working of minerals)—

in subsection (1) after “minerals" there is inserted “ or involving the depositing of refuse or waste materials ”;

in subsection (2) for “operations for the winning and working of minerals have been completed" there is substituted “ the winning and working is completed or the depositing has ceased ”; and

in subsection (18) for the words from “carried out" to “under the land" there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

In section 38(3) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (bb) there is substituted—.

For subsections (1) to (3) of section 49B (orders after suspension of winning and working of minerals) there is substituted—.

In section 49F (resumption of winning and working of minerals after suspension order)—

in subsection (1), for “in, on or under the land" there is substituted “ or involving the depositing of mineral waste at the site ”;

in subsection (2) for “development consisting of the winning and working of minerals" there is substituted “ the development ”;

for subsection (3) there is substituted—;

for subsection (7) there is substituted—

In sections 100(1)(b) (enforcement of orders under sections 49, 49A and 49B) and 251(1) (power to modify Act in relation to minerals) after “minerals" there is inserted “ or involving the depositing of mineral waste ”.

Sections 153A, 159A and 159B are omitted.

For section 167A there is substituted—.

Sections 167B and 167C are omitted.

In section 251(1A) (power to modify Act in relation to minerals) the definition of “development consisting of the winning and working of minerals" is omitted.

For section 251A (duty of planning authorities to review mineral workings) there is substituted—

In section 275(1) (interpretation)—

after the definition of “conservation area" there is inserted—

the definition of “development consisting of the winning and working of minerals" is omitted;

the definition of “mineral compensation modifications" is omitted;

in the definition of “minerals" for “minerals and substances in or under land" there is substituted “ substances ”;

the definitions of “relevant order", “restrictions on the winning and working of minerals" and “special consultations" are omitted; and

at the end there is inserted—

The following Schedule shall be inserted as Schedule 10A to the 1972 Act—.

The 1972 Act is amended as follows.

For section 53(5) (offences: penalties) there is substituted—

In section 56L(4) (offences)—

for “the statutory maximum" there is substituted “ £20,000 ”; and

for the words following paragraph (b) there is substituted—

In section 92, (power to serve listed buildings enforcement notice)—

subsection (1)(c) is omitted; and

for subsection (4) there is substituted—

For section 92(5) of that Act (withdrawal of notices) there is substituted—.

for paragraph (b) there is substituted—; and

paragraph (k) is omitted.

For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted—

In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted—

in subsection (3)(b) after “remedy" there is inserted “ wholly or partly ”, and

in subsection (8) after “before" there is inserted “ or after ”, and

at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

After section 97A there is inserted—

After section 97B there is inserted—

In section 265 (rights of entry)—

in subsection (2), for “thereon" there is substituted “ on that or any other land ”; and

in subsection (3), for “the land" there is substituted “ that or any other land ”.

In Part I of Schedule 30 to the Local Government, Planning and Land Act 1980, the following is inserted at the appropriate place among the provisions there listed: 97AB.

In Schedule 6A to the 1972 Act (simplified planning zones) for paragraphs 5 and 6 there is substituted—

Schedule 6A to the 1972 Act is amended as follows.

At the end of paragraph 4(1) there is added “ and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”

In paragraph 7(4) for “to hold a local inquiry or other hearing" there is substituted “ for the purposes of this paragraph ”.

For paragraph 8(1) there is substituted—.

In paragraph 9(2)(a) after “hearing" there is inserted “ or any consideration of objections ”.

For paragraph 11(1) there is substituted—

In paragraph 12(2)—

after paragraph (b) there is inserted—and

in paragraph (e) the words from “for the purpose" to “5(3)" are omitted.

In section 23 of the Land Compensation (Scotland) Act 1963 (assumptions not directly derived from development plans)—

for subsection (3) there is substituted—; and

in subsection (4), paragraphs (a) and (b) are omitted.

In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (a) is omitted.

In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts VII and XII of the Town and Country Planning (Scotland) Act 1972” there is substituted “ Part XII of the Town and Country Planning (Scotland) Act 1972 ”.

for subsection (2) there is substituted—; and

in subsection (3), paragraphs (a) and (b) are omitted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In section 53(1)(a) of the Civil Aviation Act 1982 “158,” is omitted.

In section 61(1)(a) of the Airports Act 1986 “158,” is omitted.

For section 4 (application to Scotland) of the Agricultural Land (Removal of Surface Soil) Act 1953 there is substituted—.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In section 5 of the Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

After section 10 of the Land Compensation Act 1961 there is inserted—

In section 3 of the Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after “money” there is inserted “ or money’s worth ”.

In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for “in his tenancy by severing the” there is substituted “ by severing ”.

At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990). ”

In section 6(4) of the Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of “owner” there is inserted “ and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative ”.

In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before “the Land Authority for Wales” there is inserted “ an urban development corporation ”.

at the end of subsection (1)(a) there is inserted—, and

in subsection (2) after “shall” there is inserted “ direct the acquiring authority to ”,

after that subsection there is inserted—, and

at the end of subsection (3) there is added “ except where the Secretary of State has given a certificate under subsection (1)(aa) above. ”

after sub-paragraph (1)(a) there is inserted—, and

in sub-paragraph (3) after “shall” there is inserted “ direct the acquiring authority to ”,

after that sub-paragraph there is inserted—, and

in sub-paragraph (4), after “mentioned, and” there is inserted “ except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above. ”

In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after “interest” there is inserted “ or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable ”.

In section 17 of that Act—

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

subsection (8) is omitted.

In section 19(1) of that Act for “in the circumstances mentioned in subsection (1) of section 17 of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

Section 22(3) of that Act is omitted.

In section 31 of the Compulsory Purchase Act 1965—

after “but” there is inserted “ in the case of land which is not diocesan glebe land ”,

for “to be applied” there is substituted “ and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied ”, and

at the end of that section there is added— “ In this section “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976. ”

In section 13 of the Land Compensation Act 1973—

in subsection (1) for “to the Church Commissioners to” there is substituted—, and

at the end of subsection (2) there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

In section 26 of that Act—

in subsection (2) for “of the kind mentioned in section 22(2) above” there is substituted “ a qualifying interest ”, and

in subsection (5) for “and (2)” there is substituted “ (2) and (2A) ”.

in paragraph (ii) “passed the resolution” is omitted;

“and” following paragraph (iii) is omitted;

after paragraph (iv) there is inserted “ and ”; and

in paragraph (v) after “(e)” there is inserted “ above ”.

for paragraph (b) there is substituted—, and

for paragraph (e) there is substituted—

In section 32(7B) of that Act for “the person giving up possession” there is substituted “ any person giving up possession or occupation ”.

In section 52 of that Act—

in subsection (9) after “the amount of the advance payment” there is inserted “ together with any amount paid under section 52A ”, and

in subsection (10) the words following “unpaid” are omitted.

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

In section 246(2) of the Highways Act 1980, for the words following paragraph (b) there is substituted “ if the interest of the vendor is a qualifying interest ”.

At the end of section 12(3) of, and paragraph 3(3) of Schedule 1 to, the Acquisition of Land Act 1981 there is added “ or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976 ”.

Section 20 of, and paragraph 7 of Schedule 3 to, that Act are repealed.

In section 231 of the principal Act the words from “for a purpose” to “is situated” are omitted.

After section 30 of the Land Compensation (Scotland) Act 1963 there is inserted—

After Schedule 2 to that Act there is inserted—

In section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation to be made to tenants for a year etc.), for “in his tenancy by the severing of the” there is substituted “ by severing ”.

In paragraph 10 (protection of land held by statutory undertakers) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, before “the compulsory purchase order” there is inserted “ and, if the representation is not withdrawn, ”.

In paragraph 11 of that Schedule (purchase of open space)—

in sub-paragraph (2), after “shall” there is inserted “ direct the acquiring authority to ”; and

after that sub-paragraph there is inserted—.

In paragraph 19(4) of that Schedule (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

In section 12 of the Land Compensation (Scotland) Act 1963 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

After section 17 of the Land Compensation (Scotland) Act 1963 there is inserted—.

In section 25 of that Act—

for the words from the beginning of subsection (2) to “acquire it” there is substituted “ If the authority proposing to acquire the interest ”, and

subsection (8) is omitted.

In section 27(1) of that Act for “in the circumstances mentioned in section 25(1) of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

Section 30(3) of that Act is omitted.

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

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

for the words from “lease” where it first appears to “three years” there is substituted “ where his interest is as a lessee for a year or from year to year or a greater interest, ”; and

at the end there is inserted “ , and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify ”.

At the end of section 55(7) of the Land Compensation (Scotland) Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 253(7) of the Town and Country Planning (Scotland) Act 1972). ”

In section 28 (power to prescribe matters relevant to Part IV) of the Land Compensation (Scotland) Act 1963, for the words “The provisions which may be made by a development order shall” there are substituted the words “ Regulations made under section 273(1)(c) of the Town and Country Planning (Scotland) Act 1972 or a development order may ”.

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

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

In section 24 (acquisition of land in connection with public works) of the Land Compensation (Scotland) Act 1973—

in subsection (2) for the word “vendor” there shall be substituted the word “ seller ”, and

in subsection (5), for “and (2)” there is substituted “ (2) and (2A) ”.

in paragraph (ii), “passed the resolution” is omitted;

“and” following paragraph (iii) is omitted; and

after paragraph (iv) there is inserted “ and ”.

In section 48 (right to advance payment of compensation) of that Act—

in subsection (8), after “the amount of the advance payment” there is inserted “ together with any amount paid under section 48A ”, and

in subsection (9), the words following “unpaid” are omitted.

After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted—.

Date—any consent required by tree preservation regulations is refused, any such consent is granted subject to conditions, or any approval required under such a condition is refused.

Section 23 of the Land Compensation Act 1961 (permission for additional development granted after acquisition).

The following provisions of the Compulsory Purchase Act 1965—section 5 (notice to treat ceasing to have effect), and section 11(1) (entry on land under compulsory purchase powers).

The following provisions of the Land Compensation Act 1973—section 18 (claims under Part I of that Act),... section 37(6) (disturbance payments), and section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).

Rule 32 of the Lands Tribunal Rules 1996 (awards with interest by Lands Chamber of the Upper Tribunal).

Sections 84 to 86 of the Lands Clauses Consolidation (Scotland) Act 1845.

Paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Section 31 (compensation where planning decision made after acquisition) of the Land Compensation (Scotland) Act 1963.

The following provisions of the Land Compensation (Scotland) Act 1973—section 16 (interest on compensation), section 33(6) (supplementary provisions about farm loss payments), section 34(5) (disturbance payments for people without compensatable interests), section 59 (interest on compensation for injurious affection where no land taken).

Section 78 of this Act.

The repeals in Part II have effect subject to section 31(7) and (8) of this Act and paragraphs 1(2), 5(2) and 13(2) of Schedule 6.

The repeals in Part V are subject to the savings in section 81(2) of this Act.