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| | Page 75, line 28 [Clause 147], leave out from ‘is’ to end of line 30 and insert ‘an |
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| | order in the terms of the order applied for.’. |
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| | Page 76, line 27 [Clause 148], at end insert— |
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| | | ‘(3A) | In section 101(1)(b) (notices requiring purchase of blighted land)— |
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| | | (a) | for “or 15” substitute “, 15 or 17”, and |
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| | | (b) | after “Schedule 14 and” insert “(except in the case of land falling within |
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| | | paragraph 17 by virtue of paragraph 17(2)(c))”. |
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| | | (3B) | In section 102 (counter-notices objecting to blight notices) after subsection (7) |
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| | | |
| | | “(7A) | An objection may not be made on the ground mentioned in paragraph (b) |
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| | | of subsection (4) in a counter-notice to a blight notice served by virtue of |
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| | | paragraph 18 of Schedule 14.” |
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| | | (3C) | After section 116 insert— |
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| | | “116A | Power of Secretary of State to acquire land identified in national |
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| | | policy statements where blight notice served |
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| | | Where a blight notice has been served in respect of land falling within |
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| | | paragraph 18 of Schedule 14, the Secretary of State has power to acquire |
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| | | compulsorily any interest in the land in pursuance of the blight notice |
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| | | served by virtue of that paragraph.”’. |
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| | |
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| | Page 76, line 31 [Clause 148], leave out ‘the Secretary of State’ and insert ‘— |
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| | | (a) | if the national policy statement identifies a statutory undertaker |
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| | | as an appropriate person to carry out the specified description of |
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| | | development in the location, the statutory undertaker; |
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| | | (b) | in any other case, the Secretary of State. |
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| | | (6) | If any question arises by virtue of subsection (5)— |
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| | | (a) | whether the appropriate authority in relation to any land for the |
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| | | purposes of this Chapter is the Secretary of State or a statutory |
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| | | |
| | | (b) | which of two or more statutory undertakers is the appropriate |
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| | | authority in relation to any land for those purposes, |
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| | | | that question shall be referred to the Secretary of State, whose decision |
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| | | |
| | | (7) | In subsections (5) and (6) “statutory undertaker” means a person who is, |
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| | | or is deemed to be, a statutory undertaker for the purposes of any |
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| | | |
| | | (4A) | In section 121 (“appropriate enactment” for purposes of Chapter 2) after |
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| | | “(7A) | In relation to land falling within paragraph 17 of that Schedule by virtue |
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| | | of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order |
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| | | granting development consent. |
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| | | (7B) | In relation to land falling within paragraph 17 of that Schedule by virtue |
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| | | of paragraph 17(2)(c), “the appropriate enactment” means an order in the |
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| | | terms of the order applied for. |
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| | | (7C) | In relation to land falling within paragraph 18 of that Schedule, “the |
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| | | appropriate enactment” means section 116A.”’. |
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| | Page 106 [Clause 173], leave out lines 16 to 31. |
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| | Page 106 [Clause 173], leave out lines 34 to 38. |
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| | Page 114, line 2 [Clause 185], at end insert— |
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| | | ‘(ba) | an interest belonging to an office-holder in the Scottish Administration |
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| | | or held in trust for Her Majesty for the purposes of the Scottish |
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| | | Administration by such an office-holder; |
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| | | (bb) | the interest of the Speaker of the House of Lords in those parts of the |
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| | | Palace of Westminster and its precincts occupied on 23 March 1965 by |
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| | | or on behalf of the House of Lords; |
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| | | (bc) | the interest of the Speaker of the House of Commons in those parts of the |
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| | | Palace of Westminster and its precincts occupied on 23 March 1965 by |
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| | | or on behalf of the House of Commons; |
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| | | (bd) | the interest in any land of— |
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| | | (i) | the Corporate Officer of the House of Lords; |
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| | | (ii) | the Corporate Officer of the House of Commons; |
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| | | (iii) | those two Corporate Officers acting jointly;’. |
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| | Page 114, line 12 [Clause 185], after ‘department’, insert ‘or, as the case may be, |
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| | office-holder in the Scottish Administration,’. |
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| | Page 114, line 24 [Clause 185], at end insert— |
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| | | ‘(fa) | in the case of land belonging to an office-holder in the Scottish |
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| | | Administration or held in trust for Her Majesty for the purposes of such |
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| | | an office-holder, the office-holder;’. |
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| | |
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| | Page 114, line 30 [Clause 185], at end insert— |
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| | | ‘(i) | in relation to land in which there is a Crown interest by virtue of |
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| | | subsection (3)(bb) or (bd)(i), the Corporate Officer of the House of |
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| | | |
| | | (j) | in relation to land in which there is a Crown interest by virtue of |
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| | | subsection (3)(bc) or (bd)(ii), the Corporate Officer of the House of |
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| | | |
| | | (k) | in relation to land in which there is a Crown interest by virtue of |
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| | | subsection (3)(bd)(iii), those two Corporate Officers acting jointly.’. |
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| | Page 114, line 34 [Clause 185], leave out subsections (7) and (8). |
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| | |
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| | Page 114, line 44 [Clause 185], leave out ‘The reference’ and insert ‘References’. |
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| | Page 114, line 45 [Clause 185], at end insert— |
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| | | ‘(10) | References to an office-holder in the Scottish Administration are to be construed |
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| | | in accordance with section 126(7) of the Scotland Act 1998 (c. 46).’. |
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| | Page 115, line 3 [Clause 186], at end insert— |
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| | | ‘(2) | For the purposes of this section “the Crown” includes— |
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| | | (a) | the Duchy of Lancaster; |
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| | | (b) | the Duchy of Cornwall; |
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| | | (c) | the Speaker of the House of Lords; |
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| | | (d) | the Speaker of the House of Commons; |
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| | | (e) | the Corporate Officer of the House of Lords; |
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| | | (f) | the Corporate Officer of the House of Commons.’. |
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| | |
| | | |
| | Page 115, line 6 [Clause 187], leave out from ‘served’ to end of line 9 and insert ‘, |
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| | given or supplied under this Act may be served, given or supplied in any of these ways— |
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| | | (a) | by delivering it to the person on whom it is to be served or to whom it is |
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| | | to be given or supplied,’. |
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| | Page 115, line 12 [Clause 187], at end insert— |
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| | | ‘(ba) | by sending it by post, addressed to that person at that person’s usual or |
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| | | last known place of abode or, in a case where an address for service has |
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| | | been given by that person, at that address,’. |
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| | |
| | | |
| | Page 115, line 21 [Clause 187], leave out from ‘body’ to end of line 25 and insert |
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| | | ‘(i) | by delivering it to the secretary or clerk of the company or body |
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| | | at their registered or principal office, |
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| | | (ii) | by sending it by post, addressed to the secretary or clerk of the |
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| | | company or body at that office, |
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| | | (iii) | by sending it in a prepaid registered letter or, or by the recorded |
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| | | delivery service, addressed to the secretary or clerk of the |
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| | | company or body at that office.’. |
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| | Page 115, line 33 [Clause 187], leave out ‘or given’ and insert ‘, given or supplied’. |
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| | |
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| | Page 115, line 35 [Clause 187], leave out from ‘(4)’ to end of line 36 and insert— |
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| | | | Subsection (1)(ba), (d) and (e)(ii) do not apply to the service, giving or supply of |
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| | | |
| | | (a) | notice under section 50(4)(b); |
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| | | (b) | a compulsory acquisition notice under section 121; |
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| | | (c) | notice under section 136(3); |
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| | | (d) | an information notice under section 140; |
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| | | (e) | a notice of unauthorised development under section 142.’. |
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| | Page 115, line 38 [Clause 187], at end insert— |
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| | | ‘(6) | This section is subject to any contrary provision made by or under this Act.’. |
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| | Page 115, line 41 [Clause 188], after ‘on’, insert ‘or given or supplied to’. |
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| | Page 116, line 1 [Clause 188], after ‘on’, insert ‘or given or supplied to’. |
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| | Page 116, line 3 [Clause 188], after ‘served’, insert ‘, given or supplied’. |
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| | |
| | | |
| | Page 116, line 9 [Clause 188], leave out from ‘sent’ to end of line 10 and insert ‘— |
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| | | (i) | in the case of a notice mentioned in section 187(4), in the manner |
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| | | specified in section 187(1)(a), (b) or (c), and |
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| | | (ii) | in any other case, in the manner specified in section 187(1)(a), |
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| | | |
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| | Page 116, line 19 [Clause 188], after ‘given’, insert ‘or supplied’. |
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| | |
| | | |
| | Page 116, line 22 [Clause 188], leave out ‘or give’ and insert ‘, give or supply’. |
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| | |
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| | Page 116, line 24 [Clause 188], after ‘on’, insert ‘or given or supplied to’. |
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| | |
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| | Page 116, line 30 [Clause 188], at end insert— |
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| | | ‘(7) | This section is subject to any contrary provision made by or under this Act.’. |
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| | |
| | | |
| | Page 116, line 32 [Clause 189], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | | |
| | Page 116, line 33 [Clause 189], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | | |
| | Page 116, line 34 [Clause 189], after ‘service’, insert ‘, giving or supply’. |
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| | Page 116, line 35 [Clause 189], at end insert— |
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| | | ‘(3) | For the purposes of this section “the Crown” includes— |
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| | | (a) | the Duchy of Lancaster; |
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| | | (b) | the Duchy of Cornwall; |
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| | | (c) | the Speaker of the House of Lords; |
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| | | (d) | the Speaker of the House of Commons; |
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| | | (e) | the Corporate Officer of the House of Lords; |
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| | |
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| | | (f) | the Corporate Officer of the House of Commons.’. |
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| | Page 117, line 10 [Clause 190], after ‘145(1)’, insert ‘, [Power to make provision in |
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| | Page 117, line 11 [Clause 190], after ‘134(3)’, insert ‘, [Power to make provision in |
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| | Page 117, line 32 [Clause 193], at end insert— |
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| | | ‘“alteration”, in relation to a highway, includes stopping up the highway or |
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| | | diverting, improving, raising or lowering it;’. |
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| | Page 118, line 20 [Clause 193], leave out ‘has the same meaning as in’ and insert |
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| | ‘and “harbour authority” have the meanings given by’. |
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| | Page 118, line 25 [Clause 193], at end insert— |
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| | | ‘“improvement”, in relation to a highway, has the meaning given by section |
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| | | 329(1) of the Highways Act 1980;’. |
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| | |
| | | |
| | Page 118, line 29 [Clause 193], leave out from ‘to’ to end of line 31 and insert ‘Part |
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| | 7 must be read in accordance with section [Interpretation: land and rights over land]. |
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| | |
| | |
| | | |
| | Page 119, line 10 [Clause 193], leave out ‘or proposed highway’. |
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| | Page 119, line 15 [Clause 193], leave out ‘or proposed highway’. |
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| | Page 119, line 23 [Clause 193], at end insert— |
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| | | ‘(2) | A reference in this Act to a right over land includes a reference to a right to do, or |
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| | | to place and maintain, anything in, on or under land or in the air-space above its |
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| | Page 119, line 23 [Clause 193], at end insert— |
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| | | ‘(2) | Subsection (3) applies to the question of which parts of waters up to the seaward |
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| | | limits of the territorial sea— |
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| | | (a) | are adjacent to Wales (and, in consequence, are not adjacent to England), |
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| | | |
| | | (b) | are not adjacent to Wales (and, in consequence, are adjacent to England). |
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| | | (3) | The question is to be determined by reference to an order or Order in Council |
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| | | made under or by virtue of section 158(3) or (4) of the Government of Wales Act |
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| | | 2006 (apportionment of sea areas) if, or to the extent that, the order or Order in |
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| | | Council is expressed to apply— |
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| | | (a) | by virtue of this subsection, for the purposes of this Act, or |
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| | | (b) | if no provision has been made by virtue of paragraph (a), for the general |
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| | | or residual purposes of that Act. |
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| | | (4) | Subsection (5) applies to the question of which parts of waters up to the seaward |
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| | | limits of the territorial sea— |
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| | | (a) | are adjacent to Scotland (and, in consequence, are not adjacent to |
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| | | |
| | | (b) | are not adjacent to Scotland (and, in consequence, are adjacent to |
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| | | |
| | | (5) | The question is to be determined by reference to an Order in Council made under |
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| | | section 126(2) of the Scotland Act 1998 if, or to the extent that, the Order in |
|
| | | Council is expressed to apply— |
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| | | (a) | by virtue of this subsection, for the purposes of this Act, or |
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| | | (b) | if no provision has been made by virtue of paragraph (a), for the general |
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| | | or residual purposes of that Act.’. |
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| | |
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| | Page 119, line 25 [Clause 194], leave out ‘following modifications’ and insert |
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| | ‘modifications set out in Schedule [Application of Act to Scotland: modifications]’. |
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| | |
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| | Page 119, line 27 [Clause 194], leave out subsections (2) to (13). |
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| | |
| | |
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| | Page 121, line 16 [Clause 195], at end insert— |
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| | | ‘(6) | In this section any reference to an Act (other than this Act) includes a reference |
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| | | to an Act of the Scottish Parliament.’. |
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|
