(1) This section applies if the Assembly thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a local development plan.
(2) The Assembly must hold an independent examination and section 64(4) to (7) applies accordingly.
(3) The Assembly must publish the recommendations and reasons of the person appointed to hold the examination.
(4) The Assembly may—
(a) prepare or revise (as the case may be) the plan, and
(b) approve the plan as a local development plan.
(5) The Assembly must give reasons for anything it does in pursuance of subsection (4).
(6) The authority must reimburse the Assembly for any expenditure it incurs in connection with anything—
(a) which is done by it under subsection (4), and
(b) which the authority failed or omitted to do as mentioned in subsection (1).
(A1) The Welsh Ministers may direct two or more local planning authorities to prepare a joint local development plan.
(A2) But a direction under subsection (A1) may not be given to a National Park authority.
(1) Two or more local planning authorities may , in the absence of a direction to any of them under subsection (A1), agree to prepare a joint local development plan.
(1A) If the Welsh Ministers give a direction under subsection (A1), they must state their reasons for doing so.
(1B) The authorities to which a direction is given must, subject to any withdrawal or variation of the direction, act jointly in exercising their functions under this Part relating to local development plans.
(2) This Part applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a joint local development plan as it applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a local development plan.
(3) For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development plan must be done by or in relation to each of the authorities mentioned in subsection (A1) or (1) in connection with a joint local development plan.
(4) Subsections (5) to (7) apply if —
(a) the Welsh Ministers withdraw a direction under subsection (A1) or vary such a direction so that it ceases to apply to a local planning authority, or
(b) a local planning authority withdraw from an agreement mentioned in s ubsection (1).
(5) Any step taken in relation to the plan must be treated as a step taken by—
(a) an authority to which the direction was given or which was a party to the agreement for the purposes of any corresponding plan prepared by them;
(b) two or more other authorities to which the direction was given or which were parties to the agreement for the purposes of any corresponding joint local development plan.
(6) Any independent examination of a local development plan to which the direction or agreement relates must be suspended.
(7) If before the end of the period prescribed for the purposes of this subsection an authority to which the direction was given or which was a party to the agreement requests the Assembly to do so it may direct that—
(a) the examination is resumed in relation to the corresponding plan;
(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
(7A) The Welsh Ministers may by regulations—
(a) specify circumstances in which subsections (5) and (7) are not to apply in relation to an authority;
(b) make provision as to what is a corresponding plan or corresponding joint local development plan.
(8) A joint local development plan is a local development plan prepared jointly by two or more local planning authorities.
(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—
(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);
(b) an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act 1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which provisions were replaced by the provisions mentioned in paragraph (a));
(c) an order under section 1 of the New Towns Act 1981 (c. 64).
(2) If the Assembly or a local planning authority thinks that a representation made in relation to a local development plan is in substance a representation or objection to which this section applies it or they (as the case may be) may disregard it.
In the exercise of any function conferred under or by virtue of this Part the local planning authority must have regard to any guidance issued by the Assembly.
(1) Every local planning authority must make an annual report to the Assembly.
(2) The annual report must contain such information as is prescribed as to the extent to which the objectives set out in the local development plan are being achieved.
(3) The annual report must—
(a) be made at such time as is prescribed;
(b) be in such form as is prescribed;
(c) contain such other matter as is prescribed.
(1) The Assembly may by regulations make provision in connection with the exercise of functions conferred by this Part on any person.
(2) The regulations may in particular make provision as to—
(a) the procedure to be followed by the local planning authority in carrying out the appraisal under section 62(6);
(b) the procedure to be followed in the preparation of local development plans;
(c) requirements about the giving of notice and publicity;
(d) requirements about inspection by the public of a plan or any other document;
(e) the nature and extent of consultation with and participation by the public in anything done under this Part;
(f) the making of representations about any matter to be included in a local development plan;
(g) consideration of any such representations;
(h) the remuneration and allowances payable to the person appointed to carry out an independent examination under section 64;
(i) the time at which anything must be done for the purposes of this Part;
(j) the manner of publication of any draft, report or other document published under this Part;
(k) monitoring the exercise by local planning authorities of their functions under this Part.
(1) Local development plan must be construed in accordance with section 62.
(2) Local planning authorities are—
(a) county councils in Wales;
(b) county borough councils.
(3) A National Park authority is the local planning authority for the whole of its area and subsection (2) must be construed subject to that.
But—
(a) a National Park authority is the local planning authority for the whole of its area;
(b) a joint planning board is the local planning authority for the whole of its united district (and references to the area of a local planning authority are, in relation to such a board, to be construed as references to its united district).
(4) The Assembly is the National Assembly for Wales.
(5) RSS must be construed in accordance with Part 1.
(6) This section applies for the purposes of this Part.
(1) In Part 13 of the principal Act before section 293 (preliminary definitions for Part 13) there is inserted the following section—
Application to the Crown
292A (1) This Act binds the Crown.
(2) But subsection (1) is subject to express provision made by this Part.
(2) In the listed buildings Act after section 82 there is inserted the following section—
Application to the Crown
82A (1) This Act (except the provisions specified in subsection (2)) binds the Crown.
(2) These are the provisions—
(a) section 9;
(b) section 11(6);
(c) section 21(7);
(d) section 42(1), (5) and (6);
(e) section 43;
(f) section 44A;
(g) section 54;
(h) section 55;
(i) section 59;
(j) section 88A.
(3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.
(3) In the hazardous substances Act after section 30 there are inserted the following sections—
Application to the Crown
30A (1) This Act (except the provisions specified in subsection (2)) binds the Crown.
(2) The provisions are—
(a) section 8(6);
(b) section 23;
(c) section 26AA;
(d) section 36A;
(e) section 36B(2).”
Crown application: transitional
30B (1) This section applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land.
(2) The appropriate authority must make a claim in the prescribed form before the end of the transitional period.
(3) The claim must contain the prescribed information as to—
(a) the presence of the substance during the establishment period;
(b) how and where the substance was kept and used.
(4) Unless subsection (5) or (7) applies, the hazardous substances authority is deemed to have granted the hazardous substances consent claimed in pursuance of subsection (2).
(5) This subsection applies if the hazardous substances authority think that a claim does not comply with subsection (3).
(6) If subsection (5) applies, the hazardous substances authority must, before the end of the period of two weeks starting with the date they received the claim—
(a) notify the claimant that they think the claim is invalid;
(b) give their reasons.
(7) This subsection applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.
(8) Hazardous substances consent which is deemed to be granted under this section is subject—
(a) to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this subsection at any one time must not exceed the established quantity;
(b) to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of the consent.
(9) A substance is present for the purposes of subsection (8)(a) if—
(a) it is on, over or under land to which the claim for consent relates,
(b) it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or
(c) it is in or on a structure controlled by the Crown any part of which is within 500 metres of it,
and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of paragraphs (a) to (c) must be counted only once.
(10) The establishment period is the period of 12 months ending on the day before the date of commencement of section 79(3) of the Planning and Compulsory Purchase Act 2004.
(11) The transitional period is the period of six months starting on the date of commencement of that section.
(12) The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period.
(4) Schedule 3 amends the planning Acts in relation to the application of those Acts to the Crown.
80 Special provision relating to national security
(1) In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—
(5) If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(6) If before the Secretary of State gives a direction under subsection (3) no person is appointed under subsection (5), the Attorney General may at any time appoint a person as mentioned in subsection (5) for the purposes of the inquiry.
(7) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);
(b) as to the functions of a person appointed under subsection (5) or (6).
(8) Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9) If a person is appointed under subsection (5) or (6) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in subsection (4) (the responsible person) to pay the fees and expenses of the appointed representative.
(10) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(11) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
(12) An amount so certified is recoverable from the responsible person as a civil debt.
(2) After section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) there is inserted the following section—
Appointed representative: no inquiry
321A (1) This section applies if—
(a) a person is appointed under subsection (5) or (6) of section 321, but
(b) no inquiry is held as mentioned in subsection (1) of that section.
(2) Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(3) For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
(4) This section does not affect section 322A.
(3) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—
6A (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry.
(3) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1);
(b) as to the functions of a person appointed under sub-paragraph (1) or (2).
(4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative.
(5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
(7) An amount so certified is recoverable from the responsible person as a civil debt.
(8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Sub-paragraph (10) applies if—
(a) a person is appointed under sub-paragraph (1) or (2), but
(b) no inquiry is held as mentioned in paragraph 6(1).
(10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held.
(12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).
(4) In the Schedule to the hazardous substances Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—
6A (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry.
(3) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1);
(b) as to the functions of a person appointed under sub-paragraph (1) or (2).
(4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative.
(5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
(7) An amount so certified is recoverable from the responsible person as a civil debt.
(8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Sub-paragraph (10) applies if—
(a) a person is appointed under sub-paragraph (1) or (2), but
(b) no inquiry is held as mentioned in paragraph 6(1).
(10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held.
(12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).
81 Special provision relating to national security: Wales
(1) After section 321A of the principal Act (inserted by section 80 above) there is inserted the following section—
Special provision in relation to planning inquiries: Wales
321B (1) This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.
(2) The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales.
(3) The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.
(4) If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.
(5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).
(6) Section 333(3) does not apply to regulations made under subsection (4).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the Schedule to the hazardous substances Act, after paragraph 7 there is inserted the following paragraph—
Local inquiries: Wales
8 (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales.
(2) The references in paragraph 6A(1) and (2) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales.
(3) The Assembly may by regulations make provision as mentioned in paragraph 6A(3) in connection with a local inquiry to which this section applies.
(4) If the Assembly acts under sub-paragraph (3) rules made by the Lord Chancellor under paragraph 6A(3) do not have effect in relation to the inquiry.
(5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).
(6) Section 40(3) does not apply to regulations made under this paragraph.
(1) Before section 294 of the principal Act (special enforcement notices in relation to development on Crown land) there is inserted the following section—
Urgent Crown development: application
293A (1) This section applies to a development if the appropriate authority certifies—
(a) that the development is of national importance, and
(b) that it is necessary that the development is carried out as a matter of urgency.
(2) The appropriate authority may, instead of making an application for planning permission to the local planning authority in accordance with Part 3, make an application for planning permission to the Secretary of State under this section.
(3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the proposed development a notice—
(a) describing the proposed development, and
(b) stating that the authority proposes to make the application to the Secretary of State.
(4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State—
(a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 71A;
(b) a statement of the authority’s grounds for making the application.
(5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply.
(6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.
(7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8) The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.
(9) The Secretary of State must consult—
(a) the local planning authority for the area to which the proposed development relates, and
(b) such other persons as are specified or described in a development order,
about the application.
(10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3) (matters related to national security).
(11) Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.
(2) In section 284 of the principal Act (validity of certain matters) in subsection (3) at the end there is inserted the following paragraph—
(i) any decision on an application for planning permission under section 293A.
(1) After section 82A of the listed buildings Act (inserted by section 79(2)) there is inserted the following section—
Urgent works relating to Crown land: application
82B (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—
(a) that the works are of national importance, and
(b) that it is necessary that the works are carried out as a matter of urgency.
(2) The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section.
(3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice—
(a) describing the proposed works, and
(b) stating that the authority proposes to make the application to the Secretary of State.
(4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application.
(5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply.
(6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.
(7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8) The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.
(9) The Secretary of State must consult—
(a) the local planning authority for the area to which the proposed development relates, and
(b) such other persons as may be prescribed,
about the application.
(10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under paragraph 6(6) of Schedule 3 (matters related to national security).
(11) Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.
(2) In section 62 of the listed buildings Act (validity of certain matters) in subsection (2) at the end there is inserted the following paragraph—
(d) any decision on an application for listed building consent under section 82B.
(1) Section 296 of the principal Act (exercise of powers in relation to Crown land) is omitted.
(2) After section 296 there are inserted the following sections—
Enforcement in relation to the Crown
296A (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land;
(b) bringing proceedings;
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice;
(b) the making of an order (other than by a court).
References to an interest in land
296B (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
(3) After section 82C of the listed buildings Act (inserted by Schedule 3) there are inserted the following sections—
Enforcement in relation to the Crown
82D (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land;
(b) bringing proceedings;
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice;
(b) the making of an order (other than by a court).
References to an interest in land
82E (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
(4) After section 30B of the hazardous substances Act (inserted by section 79(3)) there are inserted the following sections—
Enforcement in relation to the Crown
30C (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land;
(b) bringing proceedings;
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice;
(b) the making of an order (other than by a court).
References to an interest in land
30D (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
85 Tree preservation orders: Forestry Commissioners
For section 200 of the principal Act (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—
Tree preservation orders: Forestry Commissioners
200 (1) A tree preservation order does not have effect in respect of anything done—
(a) by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision;
(b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force.
(2) A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners under—
(a) a forestry dedication covenant within the meaning of section 5 of the Forestry Act 1967, or
(b) conditions of a grant or loan made under section 1 of the Forestry Act 1979.
(3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.
After section 211(4) of the principal Act (preservation of trees in conservation areas) there are inserted the following subsections—
(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—
(a) the first condition is satisfied, and
(b) either the second or third condition is satisfied.
(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated.
(7) The second condition is that the act is done with the consent of the authority.
(8) The third condition is that the act is done—
(a) after the end of the period of six weeks starting with the date of the notice, and
(b) before the end of the period of two years starting with that date.
(1) Subsection (2) applies if—
(a) an old mining permission relates to land which is Crown land, and
(b) the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.
(2) Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—
(a) in section 22(3) for “May 1, 1991” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”;
(b) in paragraph 1(3) of Schedule 2 for “the day on which this Schedule comes into force” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”.
(3) Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.
(4) Crown land must be construed in accordance with Part 13 of the principal Act.
(1) The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.
(2) The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.
(3) Relevant subordinate legislation is an instrument which—
(a) is made under or (wholly or in part) for the purposes of any of the planning Acts,
(b) is made before the commencement of section 79 of this Act, and
(c) is specified in the order.
(1) In Part 12 of the Town and Country Planning (Scotland) Act 1997, before section 242 (preliminary definitions for Part 12) there is inserted the following section—
Application to the Crown
241A (1) This Act binds the Crown.
(2) But subsection (1) is subject to express provision made by this Part.
(2) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, after section 73 (application of Act to land and works of planning authorities) there is inserted the following section —
Application to the Crown
73A (1) This Act (except the provisions specified in subsection (2)) binds the Crown.
(2) These are the provisions—
(a) section 8,
(b) section 10(3),
(c) section 19(7),
(d) section 38(1) and (8),
(e) section 39,
(f) section 49,
(g) section 50,
(h) section 53,
(i) section 77.
(3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 8(3)(a) to (d) and the doing of that thing does not contravene section 6.
(3) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 (application of Act to planning authorities) there is inserted the following section—
Application to the Crown
30A (1) This Act (except the provisions specified in subsection (2)) binds the Crown.
(2) The provisions are—
(a) section 6(3),
(b) section 21,
(c) section 25,
(d) section 34,
(e) section 35(2).
(4) Schedule 5 amends the Scottish planning Acts in relation to the application of those Acts to the Crown.
91 Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), there is inserted after section 265 (local inquiries) the following section—
Planning inquiries to be held in public subject to certain exceptions
265A (1) This section applies in relation to the holding of inquiries under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7.
(2) Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.
(3) If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry—
(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and
(b) that the public disclosure of that information would be contrary to the national interest,
he or as the case may be they may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons, or persons of such descriptions, as may be specified in the direction.
(4) The matters referred to in subsection (3)(a) are—
(a) national security, and
(b) the measures taken, or to be taken, to ensure the security of any premises or property.
(5) The Lord Advocate may appoint a person to represent the interests of any person who—
(a) if a direction is given under subsection (3), will be prevented from hearing or inspecting any evidence at any such inquiry; or
(b) is so prevented by such a direction given before any appointment is made by virtue of paragraph (a).
(6) By rules—
(a) the Secretary of State may make provision as to the procedure to be followed by him before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5) and as to the functions of a person appointed under subsection (5),
(b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case and as to such functions.
(7) If a person (the representative) is appointed—
(a) under paragraph (a) of subsection (5) and either no direction in relation to the evidence in question has been given under subsection (3) or any such direction so given has been given by the Secretary of State, the Secretary of State may direct any person who he thinks,
(b) under paragraph (a) of subsection (5) and such a direction has been given under subsection (3) by the Scottish Ministers, the Scottish Ministers may direct any person who they think,
(c) under paragraph (b) of subsection (5) and the direction referred to in that paragraph was given by the Secretary of State, the Secretary of State may direct any person who he thinks,
(d) under paragraph (b) of that subsection and the direction so referred to was given by the Scottish Ministers, the Scottish Ministers may direct any person who they think,
is interested in the inquiry, or prospective inquiry, in relation to a matter mentioned in subsection (4) (the responsible person) to pay remuneration or allowances to, and to reimburse any expenses incurred by, the representative.
(8) If the representative and the responsible person are unable to agree an amount payable by virtue of—
(a) paragraph (a) or (c) of subsection (7), the amount must be determined by the Secretary of State,
(b) paragraph (b) or (d) of that subsection, the amount must be determined by the Scottish Ministers.
(9) The Secretary of State must cause an amount payable by virtue of paragraph (a) or (c) of subsection (7) (whether determined under subsection (8) or agreed between the representative and the responsible person) to be certified.
(10) The Scottish Ministers must cause an amount payable by virtue of paragraph (b) or (d) of subsection (7) (whether so determined or so agreed) to be certified.
(11) An amount certified under subsection (9) or (10) is recoverable from the responsible person as a debt.
(12) Subsections (7) to (11) apply even if the inquiry does not take place.
(13) The power to make rules under—
(a) paragraph (a) of subsection (6) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament,
(b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(2) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (determination of certain appeals by person appointed by the Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—
(7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.
(3) In the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 (determination of certain appeals by person appointed by Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—
(7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), before section 243 (control of development on Crown land: special enforcement notices) there is inserted the following section—
Urgent Crown development: application
242A (1) This section applies to a development if the appropriate authority certifies—
(a) that the development is of national importance, and
(b) that it is necessary that the development is carried out as a matter of urgency.
(2) The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section.
(3) If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice—
(a) describing the proposed development, and
(b) stating that the authority proposes to make the application to the Scottish Ministers.
(4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers—
(a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40,
(b) a statement of the authority’s grounds for making the application.
(5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply.
(6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.
(7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8) The Scottish Ministers must in accordance with such requirements as they may specify in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.
(9) The Scottish Ministers must consult—
(a) the planning authority, and
(b) such other persons as may be so specified,
about the application.
(10) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of this Act.
(11) Subsections (4) to (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.
(2) In section 237 of that Act, (validity of certain matters) in subsection (3) at the end there is added the following paragraph—
(i) any decision on an application for planning permission under section 242A.
(1) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9), after section 73A (inserted by section 90(2)) there is inserted the following section—
Urgent works relating to Crown land: application
73B (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—
(a) that the works are of national importance, and
(b) that it is necessary that the works are carried out as a matter of urgency.
(2) The appropriate authority may, instead of making an application for consent to the planning authority in accordance with this Act, make an application for consent to the Scottish Ministers under this section.
(3) If the appropriate authority proposes to make the application to the Scottish Ministers it must publish in one or more newspapers circulating in the locality of the building a notice—
(a) describing the proposed works, and
(b) stating that the authority proposes to make the application to the Scottish Ministers.
(4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers a statement of the authority’s grounds for making the application.
(5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply.
(6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.
(7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8) The Scottish Ministers must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.
(9) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of the principal Act.
(10) The Scottish Ministers must consult—
(a) the planning authority, and
(b) such other persons as may be prescribed,
about the application.
(11) Subsections (4) and (5) of section 11 apply to an application under this section as they apply to an application in respect of which a direction under section 11 has effect.
(2) In section 57 of that Act (validity of certain matters), in subsection (2) at the end there is added the following paragraph—
(d) any decision on an application for listed building consent under section 73B.
94 Enforcement in relation to Crown land: Scotland
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245 (exercise of powers in relation to Crown land) is omitted.
(2) After section 245 there is inserted the following section—
Enforcement in relation to the Crown
245A (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).
(3) In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 245A (inserted by subsection (2) above) there is inserted the following section—
References to an interest in land
245B (1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
(4) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) after section 73C (inserted by Schedule 5) there are inserted the following sections—
Enforcement in relation to the Crown
73D (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).
Reference to an interest in land
73E (1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
(5) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section 90(3)) there are inserted the following sections—
Enforcement in relation to the Crown
30B (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).
Reference to an interest in land
30C (1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
For section 162 of the Town and Country Planning (Scotland) Act 1997 (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—
Tree preservation: Forestry Commissioners
162 (1) A tree preservation order does not have effect in respect of anything done—
(a) by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision;
(b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force.
(2) A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners under—
(a) a forestry dedication agreement within the meaning of section 5 of the Forestry Act 1967, or
(b) conditions of a grant or loan made under section 1 of the Forestry Act 1979.
(3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.
96 Trees in conservation areas in Scotland: acts of Crown
In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 172(4) (preservation of trees in conservation areas) there are inserted the following subsections—
(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—
(a) the first condition is satisfied, and
(b) either the second or third condition is satisfied.
(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is situated.
(7) The second condition is that the act is done with the consent of the authority.
(8) The third condition is that the act is done—
(a) after the end of the period of six weeks starting with the date of the notice, and
(b) before the end of the period of two years starting with that date.
(1) Subsection (2) applies if—
(a) an old mining permission relates to land which is Crown land, and
(b) the permission has not been registered in pursuance of Part 2 of Schedule 8 to the Town and Country Planning (Scotland) Act 1997.
(2) Paragraph 10 of that Schedule and that Part apply to the old mining permission subject to the following modifications—
(a) in sub-paragraph (3) of that paragraph, for “16th May 1991” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”,
(b) in paragraph 13(3) of that Part, for “24 January 1992” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”.
(3) “Old mining permission” must be construed in accordance with paragraph 10 and Part 2 of that Schedule.
(4) “Crown land” must be construed in accordance with Part 12 of the Town and Country Planning (Scotland) Act 1997.
(1) The Scottish Ministers may by order provide that relevant subordinate legislation applies to the Crown.
(2) The order may modify such subordinate legislation to the extent that the Scottish Ministers think appropriate for the purposes of its application to the Crown.
(3) Relevant subordinate legislation is an instrument which—
(a) is made under or (wholly or in part) for the purposes of any of the Scottish planning Acts,
(b) is made before the commencement of section 90 of this Act, and
(c) is specified in the order.
(4) In subsection (3), “instrument” includes an instrument made under an Act of the Scottish Parliament.
99 Compulsory acquisition of land for development etc
(1) Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.
(2) In subsection (1)—
(a) the first “which” is omitted;
(b) for paragraph (a) there is substituted the following paragraph—
(a) if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,
;
(c) in paragraph (b) at the beginning there is inserted “ which ”.
(3) After subsection (1) there is inserted the following subsection—
(1A) But a local authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects—
(a) the promotion or improvement of the economic well-being of their area;
(b) the promotion or improvement of the social well-being of their area;
(c) the promotion or improvement of the environmental well-being of their area.
(4) Subsection (2) is omitted.
(5) Nothing in this section affects a compulsory purchase order made before the commencement of this section.
100 Procedure for authorisation by authority other than a Minister
(1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2) In section 6 (service of documents), in subsection (4)—
(a) after “lessee” in each place there is inserted “ , tenant ”;
(b) after “ “lessee” there is inserted “ , “tenant” .
(3) In section 7 (interpretation), after subsection (2) there is added—
(3) But an instrument containing regulations made for the purposes of section 13A or paragraph 4A of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In section 11 (notices in newspapers), after subsection (2) there is added—
(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.
(4) The notice under subsection (3) must—
(a) be addressed to persons occupying or having an interest in the land, and
(b) set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).
(5) In section 12 (notices to owners, lessees and occupiers)—
(a) in subsection (1), for the words from “owner” to “order” (where it first appears) there is substituted “ qualifying person ”;
(b) for subsection (2) there is substituted—
(2) A person is a qualifying person, in relation to land comprised in an order, if—
(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or
(b) he falls within subsection (2A).
(2A) A person falls within this subsection if he is—
(a) a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b) a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.
(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).
(6) For section 13 (confirmation of compulsory purchase order) there are substituted the following sections—
Confirmation of order: no objections
13 (1) The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—
(a) that the notice requirements have been complied with, and
(b) that one of the conditions in subsection (2) is satisfied.
(2) The conditions are—
(a) no relevant objection is made;
(b) every relevant objection made is either withdrawn or disregarded.
(3) The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
(4) If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
(5) The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.
(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
(7) Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
Confirmation of order: remaining objections
13A (1) This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—
(a) withdrawn, nor
(b) disregarded,
(a remaining objection).
(2) The confirming authority may proceed under the written representations procedure—
(a) if the order is not subject to special parliamentary procedure,
(b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
(c) if every person who has made a remaining objection consents in the prescribed manner.
(3) If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—
(a) cause a public local inquiry to be held, or
(b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.
(4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.
(5) The confirming authority may confirm the order with or without modifications if it has considered the objection and either —
(a) it has followed the written representations procedure, or
(b) in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.
(6) The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—
(a) every person who has made a remaining objection,
(b) the acquiring authority, and
(c) any other person the confirming authority thinks appropriate,
to make written representations as to whether the order should be confirmed.
(7) Relevant objection and disregarded must be construed in accordance with section 13.
Written representations procedure: supplementary
13B (1) This section applies where the confirming authority decides under section 13A to follow the written representations procedure.
(2) The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs.
(3) An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.
(4) The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.
(5) The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.
(6) Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.
(7) Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
Confirmation in stages
13C (1) The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met.
(2) The conditions are—
(a) the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;
(b) the confirming authority is satisfied that the notice requirements have been complied with.
(3) If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be).
(4) But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.
(5) If the confirming authority acts under subsection (1)—
(a) it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
(b) the order so far as it relates to each part of the land must be treated as a separate order.
(6) The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).
(7) Notice requirements must be construed in accordance with section 13.
(8) Remaining objection must be construed in accordance with section 13A.
(7) For section 15 there is substituted—
Notices after confirmation of order
15 (1) After the order has been confirmed, the acquiring authority must—
(a) serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and
(b) affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.
(2) The notice under subsection (1)(b) must—
(a) be addressed to persons occupying or having an interest in the land;
(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.
(3) The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.
(4) A confirmation notice is a notice—
(a) describing the land;
(b) stating that the order has been confirmed;
(c) (except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;
(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
(5) A confirmation notice must be in the prescribed form.
(8) The amendments made by this section do not apply to orders of which notice under section 11 of the 1981 Act has been published before commencement of this section.
(1) Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2) In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is added—
(3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order.
(4) The notice under sub-paragraph (3) must—
(a) be addressed to persons occupying or having an interest in the land, and
(b) set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).
(3) In paragraph 3 (notices to owners, lessees and occupiers)—
(a) in sub-paragraph (1), for the words from “owner” to “order” (where it first appears) there is substituted “ qualifying person ”;
(b) for sub-paragraph (2) there is substituted—
(2) A person is a qualifying person, in relation to land comprised in a draft order, if—
(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, or
(b) he falls within sub-paragraph (2A).
(2A) A person falls within this sub-paragraph if he is—
(a) a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b) a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.
(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).
(4) For paragraph 4 there are substituted the following paragraphs—
4 (1) The Minister may make a compulsory purchase order with or without modifications if he is satisfied—
(a) that the notice requirements have been complied with, and
(b) that one of the conditions in sub-paragraph (2) is satisfied.
(2) The conditions are—
(a) no relevant objection is made;
(b) every relevant objection made is either withdrawn or disregarded.
(3) The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
(4) If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
(5) The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order.
(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
(7) Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
(8) The appropriate authority is—
(a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,
(b) in any other case, the Minister.
(9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980.
(10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.
4A (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither—
(a) withdrawn, nor
(b) disregarded,
(a remaining objection).
(2) The appropriate authority may proceed under the written representations procedure—
(a) if the order is not subject to special parliamentary procedure;
(b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
(c) if every person who has made a remaining objection consents in the prescribed manner.
(3) If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either—
(a) cause a public local inquiry to be held, or
(b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose.
(4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time.
(5) The Minister may make the order with or without modifications if—
(a) the appropriate authority has considered the objection, and
(b) one of the conditions in sub-paragraph (6) is satisfied.
(6) The conditions are—
(a) the appropriate authority has followed the written representations procedure;
(b) in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed.
(7) The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to—
(a) every person who has made a remaining objection, and
(b) any other person the appropriate authority thinks appropriate,
to make written representations as to whether the order should be made.
(8) Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
(9) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.
4B (1) The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met.
(2) The conditions are—
(a) the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part;
(b) the Minister is satisfied that the notice requirements have been complied with.
(3) If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) (as the case may be).
(4) But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land.
(5) If the Minister acts under sub-paragraph (1)—
(a) he must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
(b) the order so far as it relates to each part of the land must be treated as a separate order.
(6) The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).
(7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).
(5) For paragraph 6 there is substituted—
6 (1) After the order has been made, the Minister must—
(a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and
(b) affix a making notice to a conspicuous object or objects on or near the land comprised in the order.
(2) The notice under sub-paragraph (1)(b) must—
(a) be addressed to persons occupying or having an interest in the land;
(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.
(3) The Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.
(4) A making notice is a notice—
(a) describing the land;
(b) stating that the order has been made;
(c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours;
(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
(5) A making notice must be in the prescribed form.
(6) The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.
(1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2) After section 14 there is inserted—
Confirmation by acquiring authority
14A (1) The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—
(a) the confirming authority has notified the acquiring authority to that effect, and
(b) the notice has not been revoked.
(2) But this section does not apply to an order in respect of land—
(a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or
(b) forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.
(3) The confirming authority may give notice under subsection (1) if it is satisfied—
(a) that the notice requirements have been complied with,
(b) that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and
(c) that the order is capable of being confirmed without modification.
(4) An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded.
(5) The power to confirm an order under subsection (1) does not include any power—
(a) to confirm the order with modifications, or
(b) to confirm only a part of the order.
(6) The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order.
(7) The confirming authority may revoke a notice given by it under subsection (1).
(8) But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6).
(9) An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority.
(10) Notices under this section must be in writing.
(11) Notice requirements and disregarded must be construed in accordance with section 13.
(3) The amendments made by this section do not apply to orders of which notice has been published under section 11 of the 1981 Act before commencement of this section.
(1) The Land Compensation Act 1961 (c. 33) is amended as follows.
(2) After section 5 there is inserted—
Relevant valuation date
5A (1) If the value of land is to be assessed in accordance with rule (2) in section 5, the valuation must be made as at the relevant valuation date.
(2) No adjustment is to be made to the valuation in respect of anything which happens after the relevant valuation date.
(3) If the land is the subject of a notice to treat, the relevant valuation date is the earlier of—
(a) the date when the acquiring authority enters on and takes possession of the land, and
(b) the date when the assessment is made.
(4) If the land is the subject of a general vesting declaration, the relevant valuation date is the earlier of—
(a) the vesting date, and
(b) the date when the assessment is made,
and “general vesting declaration” and “vesting date” have the meanings given in section 2 of the Compulsory Purchase (Vesting Declarations) Act 1981.
(5) If the acquiring authority enters on and takes possession of part of the land—
(a) specified in a notice of entry, or
(b) in respect of which a payment into court has been made,
the authority is deemed, for the purposes of subsection (3)(a), to have entered on and taken possession of the whole of that land on that date.
(6) Subsection (5) also applies for the purposes of calculating interest under the following enactments—
(a) section 11(1) of the Compulsory Purchase Act 1965;
(b) paragraph 3 of Schedule 3 to that Act;
(c) section 85 of the Lands Clauses Consolidation Act 1845;
(d) section 52A of the Land Compensation Act 1973,
and references there to the date or time of entry are to be construed accordingly.
(7) An assessment by the Lands Tribunal is treated as being made on the date certified by the Tribunal as—
(a) the last hearing date before it makes its determination, or
(b) in a case to be determined without an oral hearing, the last date for making written submissions before it makes its determination.
(8) Nothing in this section affects—
(a) any express provision in any other enactment which requires the valuation of land subject to compulsory acquisition to be made at a particular date;
(b) the valuation of land for purposes other than the compulsory acquisition of that land (even if the valuation is to be made in accordance with the rules in section 5).
(9) In this section—
(a) a notice of entry is a notice under section 11(1) of the Compulsory Purchase Act 1965;
(b) a payment into court is a payment into court under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.
(1) The Land Compensation Act 1973 is amended as follows.
(2) In section 52 (right to advance payment of compensation)—
(a) after subsection (1) there are inserted the following subsections—
(1A) If the acquiring authority have taken possession of part of the land—
(a) specified in a notice of entry, or
(b) in respect of which a payment into court has been made,
the compensation mentioned in subsection (1) is the compensation payable for the compulsory acquisition of the interest in the whole of the land.
(1B) Notice of entry and payment into court must be construed in accordance with section 5A of the Land Compensation Act 1961.
,
(b) for subsection (6) there is substituted the following subsection—
(6) If the land is subject to a mortgage sections 52ZA and 52ZB apply.
(3) After section 52 of that Act there are inserted the following sections—
Advance payments: land subject to mortgage
52ZA (1) This section applies if—
(a) an acquiring authority take possession of land,
(b) a request is made in accordance with section 52(2) for an advance payment, and
(c) the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount.
(2) The advance payment made to the claimant must be reduced by the amount the acquiring authority think will be required by them to secure the release of the interest of the mortgagee (or all the mortgagees if there is more than one).
(3) The acquiring authority must pay to the mortgagee the amount the acquiring authority think will be required by them to secure the release of the mortgagee’s interest, if—
(a) the claimant so requests, and
(b) the mortgagee consents to the making of the payment.
(4) If there is more than one mortgagee—
(a) subsection (3) applies to each mortgagee individually, but
(b) payment must not be made to a mortgagee before the interest of each mortgagee whose interest has priority to his interest is released.
(5) The amount of the advance payment made to the claimant under section 52 and the amount of the payments made to mortgagees under this section must not in aggregate exceed 90% of the relevant amount.
(6) Subsection (7) applies if—
(a) the acquiring authority estimated the compensation,
(b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and
(c) a request is made by the claimant in accordance with section 52(2).
(7) The provisions of subsections (2) to (5) must be re-applied on the basis of the revised estimate.
Advance payments: land subject to mortgage exceeding 90% threshold
52ZB (1) This section applies if—
(a) an acquiring authority take possession of land,
(b) a request is made in accordance with section 52(2) for an advance payment, and
(c) the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount.
(2) No advance payment is to be made to the claimant.
(3) But the acquiring authority must pay to the mortgagee the amount found under subsection (4), if—
(a) the claimant so requests, and
(b) the mortgagee consents to the making of the payment.
(4) The amount is whichever is the lesser of—
(a) 90% of the value of the land;
(b) the principal of the mortgagee’s mortgage.
(5) The value of the land is the value—
(a) agreed by the claimant and the acquiring authority, or (failing such agreement)
(b) estimated by the acquiring authority.
(6) For the purposes of subsection (5) the value of the land is to be calculated in accordance with rule 2 of section 5 of the Land Compensation Act 1961 (market value), whether or not compensation is or is likely to be assessed in due course in accordance with rule 5 of that section (equivalent re-instatement).
(7) If there is more than one mortgagee, payment must not be made to a mortgagee until the interest of each mortgagee whose interest has priority to his interest is released.
(8) But the total payments under subsection (3) must not in any event exceed 90% of the value of the land.
(9) Subsection (10) applies if—
(a) the acquiring authority estimated the compensation,
(b) it appears to the acquiring authority that their estimate was too low and they revise the estimate,
(c) the condition in section 52ZA(1)(b) would have been satisfied if the revised estimate had been used instead of their estimate, and
(d) a request is made by the claimant in accordance with section 52(2).
(10) The provisions of section 52ZA(2) to (5) must be applied on the basis of the revised estimate.
(11) If—
(a) the acquiring authority estimated the value of the land,
(b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and
(c) a request is made by the claimant in writing,
any balance found to be due to a mortgagee on the basis of the revised estimate is payable in accordance with this section.
Land subject to mortgage: supplementary
52ZC (1) This section applies for the purposes of sections 52ZA and 52ZB.
(2) The claimant must provide the acquiring authority with such information as they may require to enable them to give effect to those sections.
(3) A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee.
(4) Subsections (4) and (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52.
(5) The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3).
(6) If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees.
(7) A payment made to a mortgagee under section 52ZA or 52ZB—
(a) must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage;
(b) must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52;
(c) must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965, any bond under Schedule 3 to that Act or section 85 of the Lands Clauses Compensation Act 1845;
(d) must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965.
(8) If the amount, or aggregate amount, of any payments under—
(a) sections 52 and 52ZA, or
(b) section 52ZB,
on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant.
(9) No payment must be made to a mortgagee—
(a) if any of the circumstances mentioned in subsection (10) applies, or
(b) if the compulsory acquisition is only of a right over land.
(10) The circumstances are—
(a) payment has been made under section 14(2) of the Compulsory Purchase Act 1965;
(b) a notice under section 14(3) of that Act has been given;
(c) there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the Lands Tribunal under that section.
(11) The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.
(4) In section 52A (right to interest where advance payment made) for subsection (2) there is substituted—
(2) If the authority make a payment under section 52(1) to any person on account of the compensation—
(a) they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and
(b) the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section.
(2A) The paid amount is—
(a) the amount of the payment under section 52(1), or
(b) if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).
(1) The Acquisition of Land Act 1981 (c. 67) is amended as follows.
(2) After section 5 (local inquiries) there is inserted—
Power to require information
5A (1) This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase.
(2) The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information—
(a) the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
(b) the name and address of any person he believes to have an interest in the land.
(3) The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.
(4) The persons are—
(a) the occupier of the land;
(b) any person who has an interest in the land either as freeholder, mortgagee or lessee;
(c) any person who directly or indirectly receives rent for the land;
(d) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
(5) The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served).
(6) The notice must also specify or describe—
(a) the land,
(b) the compulsory purchase power, and
(c) the enactment which confers the power.
(7) The notice must be in writing.
(8) Section 6(4) does not apply to notices to be served under this section.
Offences relating to information
5B (1) A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A.
(2) A person commits an offence if, in response to a notice served on him under section 5A—
(a) he gives information which is false in a material particular, and
(b) when he does so, he knows or ought reasonably to know that the information is false.
(3) If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person purporting to act in any such capacity,
he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.
(4) The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss payments for certain caravan dwellers) there is inserted the following section—
Other loss payments
Basic loss payment
33A (1) This section applies to a person—
(a) if he has a qualifying interest in land,
(b) if the interest is acquired compulsorily, and
(c) to the extent that he is not entitled to a home loss payment in respect of any part of the interest.
(2) A person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—
(a) 7.5% of the value of his interest;
(b) £75,000.
(3) A payment under this section must be made by the acquiring authority.
(4) An interest in land is a qualifying interest if it is a freehold interest or an interest as tenant and (in either case) it subsists for a period of not less than one year ending with whichever is the earliest of—
(a) the date on which the acquiring authority takes possession of the land under section 11 of the Compulsory Purchase Act 1965 (entry to take possession of land);
(b) the date on which the acquiring authority enters the land if it proceeds under Schedule 3 to that Act;
(c) the vesting date (within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981) if a declaration is made under section 4 of that Act (general vesting declaration);
(d) the date on which compensation is agreed between the person and the acquiring authority;
(e) the date on which the amount of compensation is determined by the Lands Tribunal.
(5) The compulsory acquisition of an interest in land includes acquisition of the interest in consequence of the service of—
(a) a purchase notice under section 137 of the Town and Country Planning Act 1990 (right to require purchase of certain interests);
(b) a notice under section 150 of that Act (purchase of blighted land).
(6) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (7) and (8).
(7) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
(8) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
(2) Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a pre-commencement acquisition of an interest in land.
(3) A pre-commencement acquisition of an interest in land is any of the following—
(a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;
(b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;
(c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;
(d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.
(1) After section 33A of the Land Compensation Act 1973 (inserted by section 106 of this Act) there are inserted the following sections—
Occupier’s loss payment: agricultural land
33B (1) This section applies to a person if—
(a) he has a qualifying interest in land for the purposes of section 33A,
(b) the land is agricultural land,
(c) the interest is acquired compulsorily, and
(d) he occupied the land for the period specified in section 33A(4).
(2) A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
(a) 2.5% of the value of his interest;
(b) the land amount;
(c) the buildings amount.
(3) But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000.
(4) A payment under this section must be made by the acquiring authority.
(5) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7).
(6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
(7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
(8) The land amount is the greater of £300 and the amount found in accordance with the following Table—
Area of the land | Amount per hectare
Not exceeding 100 hectares | £100 per hectare or part of a hectare
Exceeding 100 hectares | (a) £100 per hectare for the first 100 hectares; (b) £50 per hectare for the next 300 hectares or part of a hectare.
(9) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
(10) The gross floor space must be measured externally.
Occupier’s loss payment: other land
33C (1) This section applies to a person if—
(a) he has a qualifying interest in land for the purposes of section 33A,
(b) the land is not agricultural land,
(c) the interest is acquired compulsorily, and
(d) he occupied the land for the period specified in section 33A(4).
(2) A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
(a) 2.5% of the value of his interest;
(b) the land amount;
(c) the buildings amount.
(3) But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000.
(4) A payment under this section must be made by the acquiring authority.
(5) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7).
(6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
(7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
(8) The land amount is the greater of—
(a) £2,500;
(b) £2.50 per square metre (or part of a square metre) of the area of the land.
(9) But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300.
(10) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
(11) The gross floor space must be measured externally.
(2) Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) do not apply in relation to a pre-commencement acquisition of an interest in land.
(3) A pre-commencement acquisition of an interest in land is any of the following—
(a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;
(b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;
(c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;
(d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.
(1) After section 33C of the Land Compensation Act 1973 (inserted by section 107 of this Act) there is inserted the following section—
Loss payments: exclusions
33D (1) This section applies to a person if—
(a) he is a person to whom section 33A, 33B or 33C applies,
(b) a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section,
(c) at the relevant time the notice has effect or is operative, and
(d) he has failed to comply with any requirement of the notice.
(2) This section also applies to a person if—
(a) he is a person to whom section 33A, 33B or 33C applies,
(b) a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and
(c) the order has not been quashed on appeal.
(3) No payment may be made under section 33A, 33B or 33C to a person to whom this section applies.
(4) These are the notices—
(a) notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);
(b) notice under section 189 of the Housing Act 1985 (requirement to repair dwelling etc. unfit for human habitation);
(c) notice under section 190 of that Act (requirement to repair dwelling etc. in state of disrepair);
(d) notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (repairs notice prior to compulsory notice of acquisition of listed building).
(5) These are the orders—
(a) an order under section 264 of the Housing Act 1985 (closure of dwelling etc. unfit for human habitation);
(b) an order under section 265 of that Act (demolition of dwelling etc. unfit for human habitation).
(6) The relevant time is the time at which the compulsory purchase order in relation to the person’s interest in the land—
(a) is confirmed, in the case of an order falling within section 2(2) of the Acquisition of Land Act 1981 (procedure for authorisation);
(b) is made, in the case of an order falling within section 2(3) of that Act.
(7) The Secretary of State may by regulations amend subsections (4) and (5).
(2) Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a notice or order specified in subsection (4) or (5) of that section if the notice or copy of the order was served on a person to whom that section applies before the commencement of this section.
After section 33D of the Land Compensation Act 1973 (inserted by section 108 of this Act) there are inserted the following sections—
Claims
33E (1) This section applies for the purposes of sections 33A to 33C.
(2) A claim for payment must be made in writing to the acquiring authority.
(3) The claim must give such particulars as the authority may reasonably require for the purpose of deciding—
(a) whether a payment is to be made;
(b) the amount of any such payment.
(4) For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued—
(a) in the case of a claim under section 33A on the last day of the period specified in subsection (4) of that section;
(b) in the case of a claim under section 33B or 33C on the date of his displacement from the land.
Insolvency
33F (1) This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person.
(2) Any of the following may make a claim instead of the person mentioned in subsection (1)—
(a) a receiver, trustee in bankruptcy or the official receiver in the case of an individual;
(b) an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership.
(3) Insolvency proceedings are—
(a) proceedings in bankruptcy;
(b) proceedings under the Insolvency Act 1986 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 4 of that Act);
(c) proceedings for the winding up of a partnership.
Death
33G (1) This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased).
(2) A claim may be made by a person who—
(a) occupied the land for a period of not less than one year ending with the date on which the deceased is displaced from the land, and
(b) is entitled to benefit on the death of the deceased by virtue of a ground mentioned in subsection (3).
(3) The grounds are—
(a) a testamentary disposition;
(b) the law of intestate succession;
(c) the right of survivorship between joint tenants.
Agricultural land: dual entitlement
33H (1) This section applies if a person is entitled in respect of the same interest in agricultural land to a payment both—
(a) under section 33B of this Act, and
(b) by virtue of section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments in consequence of compulsory acquisition of agricultural holding).
(2) Payment may be made in respect of only one entitlement.
(3) If the person makes a claim under both provisions he must be paid in respect of the entitlement which produces the greater amount.
Payment
33I (1) Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the Lands Tribunal.
(2) The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates—
(a) the last day of the period specified in section 33A(4);
(b) the last day of the period of three months beginning with the day the claim is made;
(c) the day on which the amount of the payment is determined.
(3) The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates—
(a) the date the person is displaced from the land;
(b) the last day of the period of three months beginning with the day the claim is made;
(c) the day on which the amount of the payment is determined.
(4) If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant).
(5) If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C—
(a) the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority;
(b) the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant.
(6) The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961.
(7) Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be).
(8) The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6).
Acquisition by agreement
33J (1) This section applies if—
(a) an interest in land which is a qualifying interest for the purpose of section 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and
(b) the interest is acquired from a person who would be entitled to a payment under section 33A, 33B or 33C if the interest is acquired compulsorily.
(2) The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily.
Regulations
33K (1) This section applies for the purposes of sections 33A to 33I.
(2) The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit.
(3) Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4) This subsection applies to regulations under subsection (2) which substitute—
(a) a percentage figure, or
(b) an amount, in a case where the change in value condition is not satisfied.
(5) A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
(6) The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land.
(7) Regulations under subsection (2) may make different provision for different purposes.
(1) This section applies to any enactment passed or made before or in the same session as the passing of this Act (other than an enactment amended by this Part) which makes provision—
(a) in connection with the compulsory acquisition of an interest in land,
(b) creating a power which permits the interference with or affectation of any right in relation to land, or
(c) for the payment of any sum in connection with the acquisition, interference or affectation.
(2) The Secretary of State may by order amend an enactment to which this section applies for the purpose of making provision which—
(a) corresponds to provision made by this Part, or
(b) applies any such provision or corresponding provision.