160 Development requiring authorisation of government department
(1) Where, under the enactments regulating the carrying on of a statutory undertaking, the authorisation of a government department is required in respect of any development of operational land, and that department propose to decide—
(a) to refuse the authorisation on the grounds that planning permission ought not to be granted for the development, and on no other grounds, or
(b) to grant the authorisation and direct that planning permission shall be deemed to be granted subject to conditions other than conditions imposed as part of the authorisation,
the provisions of subsection (2) of the last preceding section shall apply (subject to any necessary modifications) in relation to that decision, and to the proposal to make that decision, as they apply in relation to any such decision or proposed decision as is mentioned in that subsection.
(2) Where the authorisation of a government department is required as mentioned in the preceding subsection, then, except where that authorisation has been granted without any direction as to the grant of planning permission, the Minister and the appropriate Minister shall not be required to deal with an application for planning permission under subsection (1) of the last preceding section.
(3) The provisions of subsection (3) of section forty-one of this Act shall have effect for the purposes of this section as they have effect for the purposes of that section.
161 Revocation or modification of permission to develop operational land
(1) In relation to any planning permission, granted on the application of statutory undertakers, for the development of operational land, the provisions of Part III of this Act with respect to the revocation and modification of planning permission shall have effect as if, for any reference therein to the Minister, there were substituted a reference to the Minister and the appropriate Minister.
(2) Where the Minister and the appropriate Minister propose to confirm or make an order under section twenty-seven of this Act as modified by the preceding subsection, they shall give notice of that proposal to the statutory undertakers, and shall afford them an opportunity of objecting to the proposal; and if any objection is so made by the statutory undertakers and is not withdrawn, the order shall be subject to special parliamentary procedure.
162 Order requiring discontinuance of use etc. of operational land
(1) The provisions of Part III of this Act with respect to the making of orders requiring the discontinuance of any use of land or imposing conditions on the continuance thereof, or requiring buildings or works on land to be altered or removed, shall have effect, in relation to operational land of statutory undertakers, as if, for any reference therein to the Minister, there were substituted a reference to the Minister and the appropriate Minister.
(2) Where the Minister and the appropriate Minister propose to confirm or make an order under section twenty-eight of this Act as modified by the preceding subsection, they shall give notice of that proposal to the statutory undertakers, and shall afford them an opportunity of objecting to the proposal; and if any objection is so made by the statutory undertakers and is not withdrawn, the order shall be subject to special parliamentary procedure.
(1) Notwithstanding anything in paragraph 10 of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946, a compulsory purchase order to which this section applies may be confirmed or made without the appropriate Minister's certificate.
(2) This section applies to any compulsory purchase order under this Act authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.
(3) Except where the appropriate Minister's certificate is given, or the land to which the order relates is land designated by a development plan as subject to compulsory acquisition.—
(a) a compulsory purchase order to which this section applies shall be of no effect unless it is confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would apart from this subsection have power to make or confirm it, and
(b) if any objection to such an order is duly made by the statutory undertakers and is not withdrawn, the order shall be subject to special parliamentary procedure.
(4) Where any operational land of statutory undertakers is designated as subject to compulsory acquisition as mentioned in subsection (4) of section five of this Act, any reference in that subsection to an order made by the Minister shall be construed, in relation to that land, as a reference to an order made by the Minister and the appropriate Minister.
(5) In this section " the appropriate Minister's certificate " means such a certificate as is mentioned in paragraph 10 of the First Schedule to the said Act of 1946.
164 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers
(1) Where any land has been acquired by a Minister, a local authority or statutory undertakers under Part V of this Act, or has been appropriated by a local authority for planning purposes, and—
(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or
(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,
the acquiring or appropriating authority may serve on the statutory undertakers a notice stating that, at the end of such period as may be specified in the notice, the right will be extinguished, or requiring that, before the end of such period as may be so specified, the apparatus shall be removed.
(2) The statutory undertakers on whom a notice is served under the preceding subsection may, before the end of the period of twenty-eight days from the service of the notice, serve a counter-notice on the acquiring or appropriating authority stating that they object to all or any of the provisions of the notice, and specifying the grounds of their objection.
(3) If no counter-notice is served under the last preceding subsection—
(a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice, and
(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the acquiring or appropriating-authority may remove the apparatus and dispose of it in any way the authority may think fit.
(4) If a counter-notice is served under subsection (2) of this section on a local authority or on statutory undertakers, the authority or undertakers may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Minister and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.
(5) If a counter-notice is served under subsection (2) of this section on a Minister, he may withdraw the notice (without prejudice to the service of a further notice) or he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.
(6) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with subsection (1) of section eighty-seven of this Act as if this section were in Part V of this Act.
(1) Where a Minister and the appropriate Minister propose to make an order under subsection (5) of the last preceding section, they shall prepare a draft of the order.
(2) Before making an order under subsection (4) or subsection (5) of the last preceding section, the Ministers proposing to make the order—
(a) shall afford to the statutory undertakers on whom notice was served under subsection (1) of that section an opportunity of objecting to the application for, or proposal to make, the order, and
(b) if any objection is made, shall consider the objection and afford to those statutory undertakers (and, in a case falling within subsection (4) of that section, to the local authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed by the Minister and the appropriate Minister for the purpose,
and may then, if they think fit, make the order in accordance with the application or in accordance with the draft order, as the case may be, either with or without modification.
(3) Where an objection to an order under the last preceding section is duly made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure.
(4) Subject to the last preceding subsection, where an order is made under the last preceding section.—
(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order, and
(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit
166 Extension or modification of functions of statutory undertakers
(1) The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Minister and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—
(a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a local authority or Minister may be authorised under Part V of this Act to acquire land, or
(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in the next following subsection.
(2) The said acts and events are—
(a) the acquisition under Part V of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question ;
(b) the extinguishment of a right or the imposition of any requirement by virtue of section one hundred and sixty-four of this Act;
(c) a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a) of this subsection;
(d) the revocation or modification of planning permission granted on any such application;
(e) the making of an order under section twenty-eight of this Act in relation to any such land.
(3) The powers conferred by this section shall also be exercisable where, on a representation made by a local authority or Minister, it appears to the Minister and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the local authority or Minister making the representation may be authorised under Part V of this Act to acquire land.
(4) Where the powers conferred by this section are exercisable, the Minister and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the services in question, as mentioned in paragraph (a) of subsection (1) of this section or in the last preceding subsection, or to secure the adjustment in question, as mentioned in paragraph (b) of subsection (1) of this section, as the case may be.
(5) Without prejudice to the generality of the last preceding subsection, an order under this section may make provision—
(a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;
(b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;
(c) where it has been represented that the making of the order is expedient for the purposes mentioned in paragraph (a) of subsection (1) of this section, or in subsection (3) of this section, for giving effect to such financial arrangements between the local authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;
(d) for such incidental and supplemental matters as appear to the Minister and the appropriate Minister to be expedient for the purposes of the order.
(1) As soon as may be after making such a representation as is mentioned in subsection (1) or subsection (3) of the last preceding section—
(a) the statutory undertakers, in a case falling within subsection (1) of that section, or
(b) the local authority or Minister making the representation, in a case falling within subsection (3) thereof,
shall publish, in such form and manner as may be directed by the Minister and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Minister and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.
(2) Orders under the last preceding section shall be subject to special parliamentary procedure.
168 Relief of statutory undertakers from obligations rendered impracticable
(1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfillment of that obligation, either absolutely or to such extent as may be specified in the order.
(2) The preceding subsection applies to the following acts and events, that is to say—
(a) the compulsory acquisition under Part V of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers, and
(b) the acts and events specified in paragraphs (b) to (e) of subsection (2) of section one hundred and sixty-six of this Act.
(3) As soon as may be after making a representation to the appropriate Minister under subsection (1) of this section, the statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.
(4) If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.
(5) The provisions of subsection (1) of section eleven of this Act shall have effect, subject to any necessary modifications, in relation to an order made under this section as they have effect in relation to a development plan approved by the Minister under Part II of this Act, as if in those provisions any reference to the local planning authority were a reference to the appropriate Minister.
(6) Subject to the next following subsection, and to the provisions of Part XI of this Act, an order under this section shall become operative on the date on which the notice required by the provisions applied by the last preceding subsection is first published.
(7) Where in accordance with subsection (4) of this section the order is subject to special parliamentary procedure, the last preceding subsection shall not apply.
(1) For the purposes of sections one hundred and sixty-six and one hundred and sixty-eight of this Act, an objection to the making of an order thereunder shall not be treated as duly made unless—
(a) the objection is made within the time and in the manner specified in the notice required by the section under which the order is proposed to be made, and
(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
(2) Where an abjection to the making of such an order is duly made in accordance with the preceding subsection and is not withdrawn, the following provisions of this section shall have effect in relation thereto:
Provided that, in the application of those provisions to an order under section one hundred and sixty-six of this Act, any reference to the appropriate Minister shall be construed as a reference to the Minister and the appropriate Minister.
(3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(4) In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.
(5) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.
(6) Subject to subsections (4) and (5) of this section, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.
(7) Notwithstanding anything in the preceding provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held ; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
(8) In this section any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.
170 Right to compensation in respect of certain decisions and orders
(1) Statutory undertakers shall, subject to the following provisions of this Part of this Act, be entitled to compensation from the local planning authority—
(a) in respect of any decision made in accordance with section one hundred and fifty-nine of this Act whereby planning permission to develop operational land of those undertakers is refused or is granted subject to conditions;
(b) in respect of any decision made by a government department in respect of any such land, either refusing an authorisation as mentioned in paragraph (a) of subsection (1) of section one hundred and sixty of this Act, or directing that planning permission shall be deemed to be granted subject to conditions as mentioned in paragraph (b) of that subsection ;
(c) in respect of any order under section twenty-seven of this Act, as modified by section one hundred and sixty-one thereof, whereby planning permission, granted on the application of those undertakers for the development of any such land, is revoked or modified.
(2) Where, by virtue of section one hundred and sixty-four of this Act, any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.
(3) Notwithstanding anything in subsection (1) of this section, if the decision or order in question relates to land acquired by the statutory undertakers after the seventh day of January, nineteen hundred and forty-seven, and the Minister and the appropriate Minister are satisfied, having regard'to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of that decision or order, they may include therein a direction that subsection (1) of this section shall not apply to that decision or order:
Provided that the power conferred by this subsection shall not be exercisable in relation to a decision falling within paragraph (b) of subsection (1) of this section, if the land in question was acquired by the statutory undertakers (whether compulsorily or by agreement) for the purposes of the development to which the decision relates, and was so acquired with the consent or authority of a government department.
171 Measure of compensation to statutory undertakers
(1) Where statutory undertakers are entitled to compensation—
(a) as mentioned in subsection (1) or subsection (2) of the last preceding section, or
(b) under the provisions of section one hundred and twenty four in respect of an order made under section twenty-eight of this Act as modified by section one hundred and sixty-two thereof, or
(c) in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister's certificate,
the amount of the compensation shall (subject to the next following section) be an amount calculated in accordance with the following provisions of this section.
(2) The said amount, subject to the next following subsection, shall be the aggregate of the following amounts, that is to say—
(a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking rendered necessary by the proceeding giving rise to compensation ;
(b) whichever of the following is applicable, namely—
(i) where such an adjustment is made, the estimated amount of any decrease in net receipts from the carrying on of the undertaking pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;
(ii) where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation;
(c) where the compensation is under subsection (2) of the last preceding section, and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers in complying with the requirement, reduced by the value after removal of the apparatus removed.
(3) Where any such adjustment as is mentioned in paragraph (a) of the last preceding subsection is made, the aggregate amount mentioned in that subsection shall be reduced by such amount (if any) as appears to the Lands Tribunal to be appropriate to offset—
(a) the estimated value of any property (whether moveable or immoveable) belonging to the statutory undertakers and used for the carrying on of their undertaking which, in consequence of the adjustment, ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of the last preceding subsection, and
(b) the estimated amount of any increase in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as that amount has not been taken into account under paragraph (b) of the last preceding subsection and is directly attributable to the adjustment,
and by any further amount which appears to the Lands Tribunal to be appropriate, having regard to any increase in the capital value of immoveable property belonging to the statutory undertakers which is directly attributable to the adjustment, allowance being made for any reduction made under paragraph (b) of this subsection.
(4) References in this section to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or a balance of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly.
(5) In this section “proceeding giving rise to compensation ” means the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement, or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken, and " the appropriate Minister's certificate " has the same meaning as in section one hundred and sixty-three of this Act.
172 Exclusion of s.171 at option of statutory undertakers
(1) Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as_ is mentioned in paragraph (c) of subsection (1) of the last preceding section, the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section five of the Land Compensation Act, 1961) which would be applicable apart from the last preceding section ; and if the undertakers so elect the compensation shall be ascertained accordingly.
(2) An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.
(3) Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.
173 Procedure for assessing compensation where s.171 applies
(1) Where the amount of any such compensation as is mentioned in subsection (1) of section one hundred and seventy-one of this Act falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the Lands Tribunal, if apart from this section it would not fall to be so assessed.
(2) For the purposes of any proceedings arising before the Lands Tribunal in respect of compensation falling to be ascertained as mentioned in the preceding subsection, the provisions of sections two and four of the Land Compensation Act, 1961, shall apply as they apply to proceedings on a question referred to the Tribunal under section one of that Act, but with the substitution in section four of that Act, for references to the acquiring authority, of references to the person from whom the compensation is claimed.
174 Special provisions as to display of advertisements on operational land
(1) The provisions of this Part of this Act specified in the next following subsection do not apply in relation to the display of advertisements on operational land of statutory undertakers.
(2) The said provisions are sections one hundred and fifty-nine to one hundred and sixty-two and subsections (1) and (3) of section one hundred and seventy of this Act.
175 Special provisions as to statutory undertakers who are local planning authorities
In relation to statutory undertakers who are local planning authorities, the last preceding section and the provisions specified in subsection (2) thereof shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.
176 Validity of development plans and of certain orders, decisions and directions
(1) Except as provided by the following provisions of this Part of this Act, the validity of—
(a) a development plan or an amendment of a development plan, whether before or after it has been approved or made, or
(b) an order under section one hundred and fifty-three of this Act, whether before or after the order has been made, or
(c) an order under section one hundred and sixty-eight of this Act, whether before or after the order has been made, or
(d) any such order as is mentioned in subsection (2) of this section, whether before or after it has been confirmed, or
(e) any such action on the part of the Minister as is mentioned in subsection (3) of this section,
shall not be questioned in any legal proceedings whatsoever.
(2) The orders referred to in paragraph (d) of the preceding subsection are orders of any of the following descriptions, that is to say—
(a) any order under section twenty-seven of this Act or under the provisions of that section as applied by or under any other provision of this Act;
(b) any order under section twenty-eight of this Act;
(c) any tree preservation order ;
(d) any building preservation order;
(e) any order made in pursuance of subsection (4) of section thirty-four of this Act.
(3) The action referred to in paragraph (e) of subsection (1) of this section is action on the part of the Minister of any of the following descriptions, that is to say—
(a) any decision of the Minister on an application for planning permission referred to him under section twenty-two of this Act;
(b) any decision of the Minister on an appeal under section twenty-three of this Act;
(c) any decision of the Minister to confirm a purchase notice;
(d) any decision of the Minister not to confirm a purchase notice, including any decision not to confirm a purchase notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming a purchase notice, either wholly or in part;
(e) any decision of the Minister relating to an application for consent under a tree preservation order or building preservation order, or relating to an application for consent under any regulations made in accordance with section thirty-four of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Minister on appeal or a decision on an application referred to him for determination in the first instance;
(f) the giving by the Minister of any direction under section twenty-five of this Act.
(4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Minister to take any such action as is mentioned in the last preceding subsection.
177 Validity of enforcement notices and similar notices
(1) Subject to the next following subsection, the validity of an enforcement notice which has been served under Part IV of this Act on the owner and occupier of the land shall not, except by way of an appeal under Part IV of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of subsection (1) of section forty-six of this Act.
(2) The preceding subsection shall not apply to proceedings brought under subsection (5) of section forty-seven of this Act against a person who—
(a) has held an interest in the land since before the enforcement notice was served under Part IV of this Act, and
(b) did not have the enforcement notice served on him thereunder, and
(c) did not appeal against that notice under Part IV of this Act.
(3) The validity of a notice which has been served under section fifty-two of this Act on the owner and occupier of the building to which the notice relates shall not, except by way of an appeal under Part IV of this Act, be questioned in any proceedings whatsoever on the grounds that the works to which the notice relates were not, or were not wholly, works in contravention of subsection (1) of section thirty-three of this Act.
(4) Subject to the next following subsection, the validity of a notice which has been served under section thirty-six of this Act on the owner and occupier of the land shall not, except by way of an appeal under Part IV of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (a) to (c) of subsection (1) of section fifty-seven of this Act.
(5) The last preceding subsection shall not apply to proceedings brought under section fifty-six of this Act against a person on whom the notice referred to in that subsection was not served, but who has held an interest in the land since before that notice was served on the owner and occupier of the land, if he did not appeal against the notice under Part IV of this Act.
(6) The validity of a notice purporting to be an enforcement notice shall not depend on whether any non-compliance to which the notice relates was a non-compliance with conditions, or with limitations, or with both; and any reference in such a notice to non-compliance with conditions or limitations (whether both expressions are used in the notice or only one of them) shall be construed as a reference to non-compliance with conditions, or with limitations, or both with conditions and limitations, as the case may require.
178 Proceedings for questioning validity of development plans and of orders under ss.153 and 168
(1) If any person aggrieved by a development plan, or by an amendment of a development plan, desires to question the validity thereof or of any provision contained therein on the grounds that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the approval or making of the plan, or, as the case may be, in relation to the making of the amendment, he may, within six weeks from the date on which the notice required by subsection (1) of section eleven of this Act is first published, make an application to the High Court under this section.
(2) On any application under this section the High Court—
(a) may by interim order suspend the operation of the plan or amendment, as the case may be, or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;
(b) if satisfied that the plan or amendment, or any provision contained therein, is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Act or of any regulation made thereunder, may quash the plan or amendment or any provision contained therein, either generally or in so far as it affects any property of the applicant.
(3) The preceding provisions of this section shall apply to an order under section one hundred and fifty-three of this Act as they apply to a development plan, as if, in subsection (1) of this section, for the reference to the notice therein mentioned, there were substituted a reference to the notice required by subsection (6) of section one hundred and fifty-four of this Act.
(4) Subsections (1) and (2) of this section shall apply, subject to any necessary modifications, to an order under section one hundred and sixty-eight of this Act as they apply in relation to a development plan.
179 Proceedings for questioning validity of other orders, decisions and directions
(1) If any person—
(a) is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order, or
(b) is aggrieved by any action on the part of the Minister to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,
he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the High Court under this section.
(2) Without prejudice to the preceding subsection, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Minister to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in the preceding subsection, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the High Court under this section.
(3) This section applies to any such order as is mentioned in subsection (2) of section one hundred and seventy-six of this Act and to any such action on the part of the Minister as is mentioned in subsection (3) of that section.
(4) On any application under this section the High Court—
(a) may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings ;
(b) if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:
Provided that paragraph (a) of this subsection shall not apply to applications questioning the validity of tree preservation orders or building preservation orders.
(5) In relation to a tree preservation order, or to an order made in pursuance of subsection (4) of section thirty-four of this Act, the powers conferred on the High Court by the last preceding subsection shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.
(6) References in this section to the confirmation of an order do not include the provisional confirmation of an order in pursuance of subsection (6) of section twenty-nine of this Act or in pursuance of subsection (2) of section thirty-one thereof, but (with that exception) include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.
(7) In this section “the relevant requirements ”, in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act, 1958, or of any order, regulations or rules made under this Act or under that Act, which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies—
(a) in relation to an order made by a local authority other than the local planning authority, and in relation to any decision of the Minister on appeal from a decision made by such a local authority, is a reference to that local authority;
(b) in relation to any such decision as is mentioned in paragraph (c) or paragraph (d) of subsection (3) of section one hundred and seventy-six of this Act, is a reference to the council on whom the notice in question was served, and, in a case where the Minister has modified such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers;
(c) in any other case, is a reference to the local planning authority:
Provided that if, in a case falling within paragraph (a) of this subsection, the order or decision in question was made in the exercise of functions delegated to the other local authority by the local planning authority, and it is agreed between the two authorities that the local planning authority shall act in the matter, the reference shall be construed as a reference to the local planning authority.
180 Appeals to High Court relating to enforcement notices and similar notices
(1) Where the Minister gives a decision in proceedings on an appeal under Part IV of this Act against an enforcement notice, the appellant or the local planning authority or any person (other than the appellant) on whom the enforcement notice was served under Part IV of this Act may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Minister to state and sign a case for the opinion of the High Court.
(2) Where the Minister gives a decision in proceedings on an appeal under Part IV of this Act against a notice served under section fifty-two of this Act, the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may appeal to the High Court against the decision on a point of law.
(3) At any stage of the proceedings on any such appeal as is mentioned in either of the preceding subsections, the Minister may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the court within the meaning of section twenty-seven of the Supreme Court of Judicature (Consolidation) Act, 1925 (which relates to the jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).
(4) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—
(a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Minister, and
(b) providing for the Minister, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
(5) Rules of court relating to any such proceedings as are mentioned in the last preceding subsection may provide for excluding so much of subsection (1) of section sixty-three of the Supreme Court of Judicature (Consolidation) Act, 1925, as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
(6) In this section “decision ” includes a direction or order, and references to the giving of a decision shall be construed accordingly.
181 Appeals to High Court against decisions under s.43
(1) If, in the case of any decision to which this section applies, the person who made the application to which the decision relates, or the local planning authority, is dissatisfied with the decision in point of law, that person or the local planning authority (as the case may be) may, according as rules of court may provide, either appeal against the decision to the High Court or require the Minister to state and sign a case for the opinion of the High Court.
(2) This section applies to any decision of the Minister—
(a) on an application under section forty-three of this Act which is referred to the Minister under the provisions of section twenty-two of this Act as applied by that section, or
(b) on an appeal from a decision of the local planning authority under section forty-three of this Act, being an appeal brought under the provisions of section twenty-three of this Act as so applied.
(3) Where an application under section forty-three of this Act is made as part of an application for planning permission, the preceding provisions of this section shall have effect in relation to that application in so far as it is an application under the said section forty-three, but not in so far as it is an application for planning permission.
(4) In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—
(a) the giving of any decision which might have been given by the Minister;
(b) the remitting of the matter, with the opinion or direction of the court, for re-hearing and determination by the Minister;
(c) the giving of directions to the Minister.
(5) Rules of court relating to such proceedings as are mentioned in the last preceding subsection may provide for excluding so much of subsection (1) of section sixty-three of the Supreme Court of Judicature (Consolidation) Act, 1925, as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
(6) Without prejudice to the preceding provisions of this section, the power to make rules of court in relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section shall include power to make rules providing for the Minister, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
182 Special provision as to decisions relating to statutory undertakers
In relation to any action which—
(a) apart from the provisions of Part X of this Act, would fall to be taken by the Minister, and, if so taken, would be action falling within subsection (3) of section one hundred and seventy-six of this Act, but
(b) by virtue of Part X of this Act, is required to be taken by the Minister and the appropriate Minister,
the provisions of sections one hundred and seventy-six and one hundred and seventy-nine of this Act shall have effect (subject to the next following section) as if any reference in those provisions to the Minister were a reference to the Minister and the appropriate Minister.
183 Special provisions as to orders subject to special parliamentary procedure
(1) Where in accordance with subsection (4) of section five of this Act any land to which a development plan relates is designated as subject to compulsory acquisition in pursuance of an order which is subject to special parliamentary procedure, then—
(a) if that order is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, the provisions of sections one hundred and seventy-six and one hundred and seventy-eight of this Act shall not apply to the plan in so far as it so designates that land;
(b) in any other case, section one hundred and seventy-eight of this Act shall have effect in relation to the plan, in so far as it so designates that land, as if in subsection (1) of that section, for the reference to the date therein mentioned, there were substituted a reference to the date on which the order becomes operative under section six of the said Act of 1945.
(2) Where an order under section one hundred and fifty-three or section one hundred and sixty-eight of this Act is subject to special parliamentary procedure, then—
(a) if the order is confirmed by Act of Parliament under section six of the said Act of 1945, the provisions of sections one hundred and seventy-six and one hundred and seventy-eight of this Act shall not apply to the order;
(b) in any other case, section one hundred and seventy-eight of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned, there were substituted a reference to the date on which the order becomes operative under section six of the said Act of 1945.
(3) Where by virtue of Part X of this Act any such action as is mentioned in the last preceding section is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—
(a) if the order in which the action is embodied is confirmed by Act of Parliament under section six of the said Act of 1945, the provisions of sections one hundred and seventy-six and one hundred and seventy-nine of this Act shall not apply;
(b) in any other case, the provisions of section one hundred and seventy-nine of this Act shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the date on which the order becomes operative under section six of the said Act of 1945.
(1) Regulations made under this section with the consent of the Treasury may provide for the payment by the Minister to local authorities of grants of such amounts, and payable over such periods and subject to such conditions, as may be determined by or under the regulations in respect of expenditure incurred by those authorities, whether before or after the commencement of this Act.—
(a) in connection with the acquisition for war-damage re-development of land approved by the Minister for the purposes of the regulations, or in connection with the clearing or preliminary development of land acquired for such redevelopment by those authorities with such approval;
(b) in the payment of compensation in respect of land of the National Coal Board to which the relevant provisions relating to statutory undertakers apply by virtue of regulations made under section two hundred and four of this Act, being compensation payable under Part VII of this Act or under Part X thereof, otherwise than as mentioned in subsection (2) of section one hundred and seventy or in paragraph (c) of subsection (1) of section one hundred and seventy-one of this Act;
(c) in taking any action under section twenty-eight, section thirty-seven or subsection (2) of section sixty-one of this Act in respect of such land of the National Coal Board as is mentioned in the last preceding paragraph.
(2) Regulations made under this section may provide for the payment of grants thereunder, in such cases and subject to such conditions as may be prescribed by or under the regulations, in respect of land appropriated by local authorities (whether before or after the commencement of this Act) for any purpose approved by the Minister in accordance with the regulations, as if the land had been acquired for that purpose at a cost of such amount, and defrayed in such manner as may be determined by or under the regulations.
(3) Without prejudice to the generality of the preceding provisions of this section, any regulations made under this section may provide—
(a) for the inclusion, in the expenditure incurred by local authorities in the acquisition of land approved by the Minister for the purposes of the regulations, of any sums, or any part of sums, paid by those authorities in connection with any restriction imposed on the development or use of the land by or under any enactment (whether by way of compensation or by way of contribution towards damage or expense incurred in consequence of the restriction);
(b) for the calculation of grants payable under the regulations by reference to the amount of the annual costs incurred or treated as being incurred by local authorities in respect of the borrowing of money to defray expenditure in respect of which the grants are made, or by reference to the excess of such annual costs over receipts of those authorities which are attributable to such expenditure, or over the annual value of such receipts, as may be prescribed by the regulations.
(4) In this section—
“war-damage redevelopment ” means the redevelopment as a whole of an area of extensive war damage, and includes the relocation of population or industry, or the replacement of open space, in the course of such redevelopment;
“preliminary development ”, in relation to land approved for the purposes of regulations made under this section, means the carrying out of any work determined in accordance with the regulations to be work preparatory to the development of the land for the purposes for which it was acquired or appropriated, or work comprised in the initial stages of such development;
“the relevant provisions relating to statutory undertakers ” means all or any of the following provisions of this Act, that is to say, sections one hundred and fifty-nine to one hundred and sixty-two, subsection (1) of section one hundred and seventy, and section one hundred and seventy-one (excluding paragraph (c) of subsection (1) thereof).
(1) Subject to the following provisions of this section, the amount of any grant paid to a local authority in accordance with regulations made under the last preceding section—
(a) where that amount is calculated by reference to annual costs incurred or treated as incurred by the authority in respect of the borrowing of money to defray expenditure in respect of which the grant is'made, or by reference to the excess of such annual costs over the receipts, or the annual value of receipts, mentioned in paragraph (b) of subsection (3) of that section, shall not exceed an amount equal to fifty per cent of those costs, or of that excess, as the case may be;
(b) in any other case, shall not exceed an amount equal to fifty per cent. of the amount of the expenditure in respect of which the grant is made.
(2) In respect of land of any of the following descriptions, that is to say—
(a) land comprised in a compulsory purchase order made by a local authority under the Act of 1944 or the Act of 1947, and confirmed before the twenty-sixth day of February, nineteen hundred and fifty-four, being land acquired for war-damage redevelopment;
(b) land acquired by agreement for war-damage redevelopment with the consent of the Minister given before that date;
(c) land appropriated by a local authority for war-damage redevelopment before that date; and
(d) land acquired or appropriated for war-damage redevelopment (whether before or after that date), being land contiguous or adjacent to land falling within any of the preceding paragraphs,
paragraph (a) of the preceding subsection shall apply (subject to the next following subsection) as if for the words " fifty per cent.“there were substituted the words ” ninety per cent ".
(3) The last preceding subsection shall not authorise the payment, in the case of any land, of a grant at a higher rate in respect of a year or part of a year which, together with the preceding years or parts of years in respect of which grants at a higher rate have been paid in the case of that land, would extend beyond a total period of eight years.
(4) In this section “war-damage redevelopment” has the same meaning as in the last preceding section, and references to a grant at a higher rate are references to a grant of an amount which—
(a) was or would have been authorised by section ninety three of the Act of 1947 as that section had effect or would have had effect apart from section fifty of the Act of 1954 and the Local Government Act, 1958, and this Act, but
(b) otherwise than by virtue of the provisions of the Act of 1954 corresponding to subsections (2) and (3) of this section, was not or would not have been authorised by the provisions substituted by the Act of 1954 for the said section ninety-three.
186 Supplementary provisions as to Exchequer grants
(1) Any approval of the Minister required for the purposes of the payment of grant under section one hundred and eighty-four of this Act in connection with the acquisition of land may be given subject to compliance with requirements imposed by the Minister for securing that any negotiations for the acquisition of the land by the local authority will be carried out by the Valuation Office, and that any valuation of the land for the purposes of the acquisition, or for any purposes of the regulations, will be made by that office.
(2) Subject to the preceding subsection, any regulations made for the purposes of section one hundred and eighty-four of this Act may make provision whereby the payment of grants in pursuance of the regulations is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local authorities to whom grants have been so paid to comply with such requirements as may be so determined.
The power of the Public Works Loan Commissioners to make loans under section nine of the Public Works Loans Act, 1875, shall include power to make loans to a local authority for the purpose of the discharge by them of their functions under any of the provisions of this Act specified in paragraph 1 of the Eighth Schedule thereto.
188 Contributions by Ministers towards compensation paid by local authorities
Where compensation is payable by a local authority under this Act in consequence of any decision or order given or made under Part III of this Act, or under the provisions of Part VIII of this Act relating to purchase notices, then if that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department, and the cost of which is defrayed out of moneys provided by Parliament, the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.
189 Contributions by local authorities and statutory undertakers
(1) Without prejudice to the provisions of subsections (1) and (3) of section two hundred and thirty-eight of the Highways Act, 1959 (which relate to contributions by certain local authorities towards expenses incurred in connection with highways), any local authority may contribute towards any expenses incurred by a local highway authority or by the Minister of Transport in the acquisition of land under Part V of this Act, or in the construction or improvement of roads on land so acquired, or in connection with any development required in the interests of the proper planning of the area of the local authority.
(2) Any local authority and any statutory undertakers may contribute towards—
(a) any expenses incurrred by a local planning authority in or in connection with the carrying out of a survey or the preparation of a development plan under Part II of this Act;
(b) any expenses incurred by a local planning authority, or by the council of a county district, in or in connection with the performance of any of their functions under Part III, Part IV or Part V of this Act or under the provisions of Part VIII of this Act relating to purchase notices.
(3) Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under Part III of this Act, or under the provisions of Part VIII of this Act relating to purchase notices, the Minister may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.
(4) The provisions of the last preceding subsection shall apply in relation to payments made by a local authority to any statutory undertakers in accordance with financial arrangements to which effect is given under paragraph (c) of subsection (5) of section one hundred and sixty-six of this Act, as they apply in relation to compensation payable by such an authority in consequence of anything done under Part III of this Act, and the reference in the last preceding subsection to the proceeding giving rise to the compensation shall be construed accordingly.
(5) For the purposes of this section, contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.
190 Recovery from acquiring authorities of sums paid by way of compensation
(1) Where an interest in land is compulsorily acquired, or is'sold to an authority possessing compulsory purchase powers and any of the land comprised in the acquisition or sale is land'in respect of which a notice to which this section applies is registered (whether before or after the completion of the acquisition or sale) in respect of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected the Minister shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with subsection (6) of section one hundred and twelve of this Act) is to be treated, as attributable to that land.
(2) This section applies to notices registered under subsection (5) of section one hundred and twelve of this Act and to notices registered under the provisions of that subsection as applied by subsection (5) of section one hundred and twenty of this Act.
(3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land comprised therein to which a person other than the acquiring authority is entitled, the sum referred to in subsection (1) of this section shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.
(4) No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Minister is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.
(5) Where by virtue of the preceding provisions of this section the Minister recovers a sum in respect of any land, by reason that it is land in respect of which a notice is registered under the provisions of subsection (5) of section one hundred and twelve of this Act as applied by section one hundred and twenty of this Act, subsections (2) and (3) of section one hundred and twenty-two of this Act shall have effect in relation to that sum as if it were a sum recovered as mentioned in subsection (2) of the last-mentioned section.
(6) In this and the next following section “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land, and does not include any other interest therein.
191 Recovery from acquiring authorities of sums paid in respect of war-damaged land
(1) Where an interest in land is compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers, and a payment exceeding twenty pounds has become or becomes payable under section fifty-nine of the Act of 1947 in respect of that interest, the Minister shall, subject to the following provisions of this section, be entitled to recover the amount of the payment from the acquiring authority.
(2) If, before the eighteenth day of November, nineteen hundred and fifty-two, operations were begun in, on, over or under the land, or a use of the land was instituted, being operations or a use—
(a) in respect of which a development charge has at any time been determined to be payable, or it has at any time been determined that no development charge was payable, or
(b) comprised in a scheme of development exempt from development charge,
the preceding subsection shall not apply to so much of any payment referred to in that subsection as was attributable to any land in relation to which the determination was made or, as the case may be, which is included in that scheme of development.
(3) No amount shall be recoverable under this section in respect of any land in relation to which an amount has become recoverable by the Minister under the provisions of section one hundred and thirteen of this Act as applied by section two hundred and eight of this Act.
(4) If the acquisition or sale in question does not extend to the whole of the land to which the payment under the said section fifty-nine related, the amount recoverable under this section shall be so much of that payment as, in accordance with the next following subsection, is to be treated as apportioned to the land in which the interest acquired or sold subsists.
(5) For the purposes of this section a payment under section fifty-nine of the Act of 1947 shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made winder that section, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between different parts of that land.
(6) In this section references to a scheme of development exempt from development charge are references to a scheme of development such that, if the operations and uses of land comprised in the scheme had all been begun or instituted before the eighteenth day of November, nineteen hundred and fifty-two, all those operations and uses would have been exempt from the provisions of Pant VII of the Act of 1947 by virtue of regulations made thereunder; and references (to the amount of a payment shall be construed as including any interest payable on the principal amount of the payment.
192 Sums recoverable from acquiring authorities reckonable for purposes of grant
Where a sum is recoverable from an authority under section one hundred and ninety or section one hundred and ninety-one of (this Act by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under an enactment, the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.
(1) The following expenses of the Minister shall be paid out of moneys provided by Parliament, that is to say.—
(a) any expenses incurred by the Minister in the making of grants in accordance with regulations made under section one hundred and eighty-four of this Act;
(b) any sums necessary to enable the Minister to make any payments becoming payable by him under Part VI or Part VII of this Act or under section two hundred and nine thereof;
(c) any expenses incurred by the Minister under subsection (3) of section forty-four of this Act, or in the payment of expenses of any committee established under section thirty-four of this Act;
(d) subject to the provisions of subsection (4) of the next following section, any instalment payable by the Minister under subsections (2) and (3) of that section ;
(e) any administrative expenses incurred by the Minister for the purposes of this Act.
(2) Any expenses incurred by the Minister of Transport under Part IX of this Act shall be paid out of moneys provided by Parliament.
(3) There shall be paid out of moneys provided by Parliament any expenses incurred by any government department (including the Minister and the Minister of Transport)—
(a) in the acquisition of land under Part V of this Act;
(b) in the payment of compensation under subsection (4) of section seventy of this Act, under subsection (2) of section one hundred and seventy thereof, or under section two hundred and twelve thereof ;
(c) under paragraph (b) of subsection (5) of section eighty two of this Act; or
(d) under section one hundred and eighty-eight of this Act:
Provided that this subsection shall not apply to any expenses incurred by the Postmaster-General.
194 Repayment of sums issued out of Consolidated Fund in respect of certain payments
(1) The provisions of this section shall have effect with respect to sums issued to the Minister or the Central Land Board out of the Consolidated Fund under subsection (1) of section sixty-four of the Act of 1954 (which related to the issue out of the Consolidated Fund of sums required for making payments under Part I or Part V of that Act).
(2) The aggregate of the sums so issued in any financial year, whether to the Minister or to the Central Land Board, shall be repaid by the Minister into the Exchequer, as mentioned in the next following subsection, with interest thereon at such rate as the Treasury may determine, such interest accruing, in respect of the whole aggregate, from such date in the financial year in which the sums were issued as the Treasury may determine.
(3) The said aggregate shall be repaid by twenty equal annual instalments, of principal and interest combined, falling due on the anniversary of the date determined under the last preceding subsection, the first such instalment falling due in the financial year next following the financial year in which the sums in question were issued.
(4) Any sums received by the Minister by virtue of—
(a) the provisions of section one hundred and thirteen of this Act, as applied by the transitional provisions hereinafter contained to compensation paid under Part V of the Act of 1954, or
(b) the provisions of section one hundred and ninety of this Act as so applied,
shall be paid into the Exchequer, and shall be treated as paid in satisfaction, or part satisfaction, of such one or more instalments payable under the preceding provisions of this section as the Treasury may determine.
(5) All sums paid into the Exchequer under the preceding provisions of this section shall be issued out of the Consolidated Fund at such times as the Treasury may direct, and shall be applied by the Treasury as follows:—
(a) so much thereof as represents principal shall be applied in redeeming or paying off debt of such description as the Treasury may think fit;
(b) so much thereof as represents interest shall be applied towards meeting such part of the annual charges for the National Debt as represents interest.
(6) In respect of each financial year the Minister shall prepare, in such form and manner and at such time as the Treasury may direct, an account of any sums received by him as mentioned in subsection (4) of this section.
(7) On or before the thirtieth day of November in each year, the Minister shall transmit to the Comptroller and Auditor General the account prepared by him under the last preceding subsection in respect of the last preceding financial year; and the Comptroller and Auditor General shall examine and certify each such account and lay before each House of Parliament copies thereof, together with his report thereon.
Without prejudice to the last preceding section, and subject to the provisions of section one hundred and twenty-two of this Act, any sums received by the Minister—
(a) under any provision of this Act, or
(b) in respect of the payment of a development charge,
shall be paid into the Exchequer.
The council of any county may direct that any expenses incurred by them under the provisions of this Act specified in paragraph 1 of the Eighth Schedule thereto shall be treated as expenses for special county purposes chargeable upon such part of the county as may be specified in the directions.
(1) In relation to development consisting of the winning and working of minerals, the provisions of this Act specified in paragraph 1 of the Eighth Schedule thereto shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.
(2) In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) and in relation to claims established (as mentioned in subsection (2) of section eighty-nine of this Act) wholly or partly in respect of such land, the provisions of this Act specified in paragraph 2 of the Eighth Schedule thereto shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.
(3) Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.
(4) Any regulations made by virtue of subsection (1) of this section shall not apply—
(a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes, or
(b) to development consisting of the winning and working of any minerals vested in the National Coal Board, being development to which any of the provisions of this Act relating to operational land of statutory undertakers apply by virtue of regulations made under section two hundred and four of this Act;
and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.
198 Modification of Mines (Working Facilities and Support) Act, 1923
(1) Where a development plan provides that any land is to be used for the purpose of securing the winning and working of any minerals comprised therein, then, without prejudice to the powers conferred by Part V of this Act in relation to land designated by a development plan as subject to compulsory acquisition, the provisions of the Mines (Working Facilities and Support) Act, 1923, shall have effect in relation to the land subject to such modifications as may be prescribed by regulations made under this Act by the Minister and the Minister of Power.
(2) Regulations made for the purposes of this section may in particular provide for securing—
(a) that a right to work any minerals in the land may be granted by the High Court under the said Act of 1923 to any person who is desirous of working them, either by himself or through his lessees, and who is unable to obtain the necessary rights by agreement on reasonable terms ;
(b) that for the purposes of the determination by the court of an application for any such right, it shall be assumed that the winning and working of the minerals is expedient in the national interest; and
(c) that the compensation or consideration in respect of any such right which is granted by the court shall be assessed having regard to the amount of the compensation which would be payable in respect of a compulsory acquisition of the minerals under Part V of this Act.
(3) Subsections (3) and (4) of the last preceding section shall apply to the provisions of this section and to any regulations made thereunder as they apply to the provisions of subsection (1) of that section and to regulations made by virtue of that subsection.
(1) Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section.—
(a) a development plan approved or made under Part II of this Act may include proposals relating to the use of Crown land, and may designate the land as subject to compulsory acquisition, and any power to acquire land compulsorily under Part V of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown ;
(b) any restrictions or powers imposed or conferred by Part III or Part IV of this Act, by the provisions of Part VIII of this Act relating to purchase notices, or by any of the provisions of sections one hundred and fifty-nine to one hundred and sixty-two of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown.
(2) Except with the consent of the appropriate authority—
(a) no order or notice shall be made or served under any of the provisions of sections twenty-eight to thirty-one, section thirty-six or section forty-five of this Act, or under any of those provisions as applied by any order or regulations made under Part III of this Act, in relation to land which for the time being is Crown land;
(b) no building which for the time being is Crown land shall be included in any list compiled or approved under section thirty-two of this Act;
(c) no interest in land which for the time being is Crown land shall be acquired compulsorily under Part V of this Act.
(3) No enforcement notice shall be served under section forty-five of this Act in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.
(4) No purchase notice shall be served in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose thereof to the appropriate authority on terms that the price payable for it shall be equal to (and shall, in default of agreement, be determined in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of a purchase notice, and that offer has been refused by the appropriate authority.
(5) The rights conferred by the provisions of sections one hundred and thirty-eight to one hundred and fifty-one of this Act shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.
(6) In this Part of this Act“Crown land ” means land in which there is a Crown interest or a Duchy interest; “Crown interest ” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; “Duchy interest ” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and for the purposes of this and the next following section “the appropriate authority ”, in relation to any land.—
(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land ;
(b) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;
(c) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
(d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;
and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.