Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)
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Change 1
As published
181 Scope of these provisions.
(1) The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—
(a) is land indicated in a structure plan in force either as land which may be required for the purposes of any of the following functions, that is to say, those of a government department, local authority or statutory undertakers, . . . or the establishment or running by a public telecommunications operator of a telecommunication system, or as land which may be included in an action area; or
(b) is land allocated for the purposes of any such functions by a local plan in force, or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or
(c) is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a road is proposed to be constructed or land to be included in a road as proposed to be improved or altered; or
(d) is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or
(e) is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—
(i) which has come into operation under; or
(ii) which is proposed to be made or confirmed under, and in respect of which a notice has been published under Schedule 1 to,
the Roads (Scotland) Act 1984 being land in relation to which a power of compulsory acquisition conferred by that Act may become exercisable as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme;
(f) is land shown on plans approved by a resolution of a local roads authority as land comprised in the site of a road as proposed to be constructed, improved or altered by that authority; or
(g) is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land; or
(h) is land comprised in the site of a road as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the planning authority;
(i) is land in the case of which there is in force a compulsory purchase order providing for the acquisition of a right in or over that land, and the appropriate authority have power to serve, but have not served, notice to treat in respect of the right.
(2) Paragraph (a) of subsection (1) of this section shall not apply to land situated in an area for which a local plan is in force, where that plan—
(a) allocates any land in the area for the purposes of such functions as are mentioned in that paragraph; or
(b) defines any land in the area as the site of proposed development for the purposes of any such functions.
(3) Interests qualifying for protection under these provisions are either—
(a) interests in hereditaments or parts of hereditaments; or
(b) interests in agricultural units or parts of agricultural units.
(4) An interest in the whole or part of a hereditament shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, either—
(a) the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest in question is the interest of an owner-occupier of the hereditament; or
(b) in a case not falling within the preceding paragraph, the interest in question is the interest of a resident owner-occupier of the hereditament.
(4A) The Secretary of State may, by regulations made under this subsection, substitute for any reference in these provisions to “annual value” or “hereditament” such other reference as he may consider appropriate; and such regulations may make such supplemental or consequential amendments of this Act or of any other enactment whether passed before or after this Act as the Secretary of State thinks fit.
(5) An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.
(6) In this section and in the said sections 182 to 196 “these provisions” means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to (i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. or section 73 of the Land Compensation (Scotland) Act 1973
Your change, as a redline
181 Scope of these provisions.
(1) The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—
(a) is land indicated in a structure plan in force either as land which may be required for the purposes of any of the following functions, that is to say, those of a government department, local authority or statutory undertakers, . . . or the establishment or running by a public telecommunications operator of a telecommunication system, or as land which may be included in an action area; or
(b) is land allocated for the purposes of any such functions by a local plan in force, or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or
(c) is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a road is proposed to be constructed or land to be included in a road as proposed to be improved or altered; or
(d) is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or
(e) is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—
(i) which has come into operation under; or
(ii) which is proposed to be made or confirmed under, and in respect of which a notice has been published under Schedule 1 to,
the Roads (Scotland) Act 1984 being land in relation to which a power of compulsory acquisition conferred by that Act may become exercisable as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme;
(f) is land shown on plans approved by a resolution of a local roads authority as land comprised in the site of a road as proposed to be constructed, improved or altered by that authority; or
(g) is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land; or
(h) is land comprised in the site of a road as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the planning authority;
(i) is land in the case of which there is in force a compulsory purchase order providing for the acquisition of a right in or over that land, and the appropriate authority have power to serve, but have not served, notice to treat in respect of the right.
(2) Paragraph (a) of subsection (1) of this section shall not apply to land situated in an area for which a local plan is in force, where that plan—
(a) allocates any land in the area for the purposes of such functions as are mentioned in that paragraph; or
(b) defines any land in the area as the site of proposed development for the purposes of any such functions.
(3) Interests qualifying for protection under these provisions are either—
(a) interests in hereditaments or parts of hereditaments; or
(b) interests in agricultural units or parts of agricultural units.
(4) An interest in the whole or part of a hereditament shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, either—
(a) the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest in question is the interest of an owner-occupier of the hereditament; or
(b) in a case not falling within the preceding paragraph, the interest in question is the interest of a resident owner-occupier of the hereditament.
(4A) The Secretary of State may, by regulations made under this subsection, substitute for any reference in these provisions to “annual value” or “hereditament” such other reference as he may consider appropriate; and such regulations may make such supplemental or consequential amendments of this Act or of any other enactment whether passed before or after this Act as the Secretary of State thinks fit.
(5) An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.
(6) In this section and in the said sections 182 to 196 “these provisions” means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to (i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. or section 73 of the Land Compensation (Scotland) Act 1973
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