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8 Section 5(8) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
(i) the words “any of the following” were omitted, and
(ii) paragraphs (a) to (e) and (g) to (o) were omitted, and
(b) in subsection (2) for “sections 14 to 28” there were substituted “section 19”.
(i) the reference to TCPA 1990 were a reference to section 26 of the Town and Country Planning (Scotland) Act 1997 (c. 8), and
(ii) the words “This is subject to subsections (2) and (3).” were omitted, and
(b) subsections (2) to (4) were omitted.
(i) for “none” there were substituted “neither”, and
(ii) paragraphs (b) and (c) and (e) to (k) were omitted, and
(b) subsections (2) to (4) were omitted.
(a) in subsection (2)(b), the words from “or” to the end were omitted,
(b) in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19), and
(i) for paragraph (a) there were substituted—
“(a) a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)”, and
(ii) in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56).
(a) in subsection (2)(c), the words from “or” to the end were omitted,
(i) the reference to a freeholder were a reference to an owner, and
(ii) the reference to a mortgagee were a reference to a heritable creditor, and
(c) in subsection (11), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19).
(a) in subsection (7), the reference to chattels were a reference to moveable property,
(b) in subsection (8), the reference to the Lands Tribunal were a reference to the Lands Tribunal for Scotland, and
(c) in subsection (11), in the definition of “statutory undertakers”, the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
(a) in subsection (2)(b), the words from “or” to the end were omitted,
(b) in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19), and
(i) for paragraph (a) there were substituted—
“(a) a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)”, and
(ii) in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56).
(a) for subsection (6) there were substituted—
“(6) Summary proceedings relating to an offence under this section may be commenced regardless of when the contravention occurred.”, and
(b) in subsection (7), the reference to section 127 of the Magistrates’ Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46).
17 Section 109(7) applies as if the references to an Act included references to an Act of the Scottish Parliament.
18 Section 114(6) applies as if, for the definition of “statutory undertakers” there were substituted—
““statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 (c. 8) and also includes the undertakers—
(d) which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;(e) which are statutory undertakers for the purposes of paragraphs 9 and 10 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (see paragraph 10A of that Schedule).”19 Section 115(5) applies as if—
(a) in the definition of “local authority”, the reference to section 7(1) of the Acquisition of Land Act 1981 (c. 67) were a reference to section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
(b) for the definition of “statutory undertakers” there were substituted—
““statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 (c. 8) and also includes the undertakers—
(f) which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;(g) which are statutory undertakers for the purposes of paragraphs 9 and 10 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (see paragraph 10A of that Schedule);”.20 Section 116(2) applies as if—
(a) in the definition of “local authority”, the reference to section 17(4) of the Acquisition of Land Act 1981 (c. 67) were a reference to section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
(b) for the definition of “statutory undertakers” there were substituted—
““ statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 (c. 8) and also includes the undertakers which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;”.
(a) in subsection (4), the references to section 21 of the National Trust Act 1907 (c.cxxxvi) and section 8 of the National Trust Act 1939 (c. 1xxxvi) were references to section 22 of the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii), and
(b) in subsection (5), for the definition of “the National Trust” there were substituted—
““the National Trust” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii);”.
(a) in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “or open space”, and
(b) in subsection (8), for the words from “common” to “1981” there were substituted—
““common” includes any town or village green;
“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;”.
(a) in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “or open space”, and
(b) in subsection (9), for the words from “common” to “1981” there were substituted—
““common” and “open space” have the same meanings as in section 118 (as modified by paragraph 15);”.
(a) for subsection (4) there were substituted—
“(4) This subsection applies to—
(a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the order land,
(b) a person known by the prospective purchaser (after diligent inquiry)—
(i) to be interested in the order land, or
(ii) to have power to sell and convey the order land,
(c) a person who, if the order were fully implemented, the prospective purchaser thinks would or might be entitled—
(i) as a result of the implementing of the order,
(ii) as a result of the order’s having been implemented, or
(iii) as a result of use of the order land once the order has been implemented,
(4A) In subsection (4)(c) “relevant claim” means a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42).
(4B) An expression that appears in subsection (4)(b) of this section and also in section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) has in subsection (4)(b) the meaning that it has in section 17 of that Act.”, and
(b) in subsection (7)(c) the words “only in accordance with section 108” were omitted.
25 Section [Public rights of way: statutory undertakers' apparatus etc.](7) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
26 Section 137 applies as if the references to a justice of the peace were references to a sheriff.
(a) in subsection (4), the reference to chattels were a reference to moveable property,
(b) in subsection (5), the reference to the Lands Tribunal were a reference to the Lands Tribunal for Scotland, and
(c) in subsection (6), the reference to sections 2 and 4 of the Land Compensation Act 1961 (c. 33) were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (c. 51).
(a) the references to an injunction were references to an interdict, and
(b) in subsection (4), the references to the High Court and a county court were references to the Court of Session and the sheriff.
29 Section 187(5) applies as if the reference to section 233 of the Local Government Act 1972 (c. 70) were a reference to section 192 of the Local Government (Scotland) Act 1973 (c. 65).
(a) for the definition of “building” there were substituted—
““building” has the meaning given by section 277(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8);”,
(b) for the definition of “land” there were substituted—
““land” includes land covered with water and any building (as defined in section 277(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8)) and in relation to Part 7 must be read in accordance with section [Interpretation: land and rights over land];”,
(c) for the definition of “local planning authority” there were substituted—
““local planning authority” means a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997 (c. 8);”,
(d) in the definition of “planning permission”, the reference to Part 3 of TCPA 1990 were a reference to Part 3 of the Town and Country Planning (Scotland) Act 1997 (c. 8), and
(e) in the definition of “use”, the reference to section 336(1) of TCPA 1990 were a reference to section 277(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8).
31 Part 1 of Schedule [Provision relating to, or to matters ancillary to, development] applies as if paragraphs 4 to 6, 8, 9, 16 to 32 and 38 were omitted.’. —[Mr. Watts.]
Brought up, read the First time, and added to the Bill.
Amendments made: No. 267, page 125, line 41, at end insert—
‘9A (1) This paragraph applies where an application referred to the Council under section 79 relates to land in Wales (even if the application also relates to land not in Wales).
(2) A person appointing Commissioners under paragraph 7(1) as ordinary members of the Council for the purpose of deciding the application must do so with a view to securing that, if reasonably practicable, at least one of the members of the Council for that purpose is—
(a) a Commissioner who was nominated for appointment as a Commissioner by the Welsh Ministers, or
(b) a Commissioner who is within sub-paragraph (3).
(3) A Commissioner is within this sub-paragraph if, when appointed to be a member of the Council, the Commissioner is one notified to the Commission by the Welsh Ministers as being a Commissioner who should be treated for the purposes of this paragraph as being a Commissioner within sub-paragraph (2)(a).’.
No. 268, page 126, line 26, leave out from ‘under’ to end and insert ‘any of the following provisions—
section [Public rights of way: statutory undertakers’ apparatus](5);
in Schedule [Examination of applications by Secretary of State], paragraph 1(2);
in Schedule [Correction of errors in development consent decisions], paragraphs 1 and 2(1);
in Schedule [Changes to, and revocation of, orders granting development consent], paragraphs 2, 3 and 4.’.
No. 269, page 127, line 7, after ‘land’, insert
‘or of an interest in or right over land’. —[Mr. Watts.]
Amendments made: No. 270, page 130, leave out lines 5 to 13.
No. 271, page 131, line 2, leave out from ‘to’ to end of line 4 and insert—
‘(a) section 31(2) of the Planning Act 2008 (exclusion of powers to authorise development);
(b) section 109(8B) of that Act (exclusion of power to include ancillary provision in orders).”’.
No. 272, page 131, line 6, leave out from second ‘to’ to end of line 8 and insert—
‘(a) section 31(2) of the Planning Act 2008 (exclusion of powers to authorise development);
(b) section 109(8B) of that Act (exclusion of power to include ancillary provision in orders).”’.
No. 273, page 131, line 11, leave out from ‘13’ to end of line 19 and insert—
‘In section 4 (storage authorisation orders) after subsection (2) insert—
“(2A) So far as relating to development within section 16(2), (3) or (5) of the Planning Act 2008—
(a) subsection (1) is subject to section 31(2) of that Act (exclusion of powers to authorise development for which development consent required), and
(b) subsection (2) is subject to section 31(1) of that Act (exclusion of requirement for other consents for development for which development consent required).
(2B) So far as relating to the use of strata for the storage of gas, subsections (1) and (2) are subject to section 109(8B) of the Planning Act 2008 (exclusion of power to include ancillary provision in orders).”’.
No. 274, page 132, line 2, after ‘consent’, insert ‘under the Planning Act 2008’.
No. 275, page 134, line 31, leave out paragraph 37.
No. 276, page 136, line 32, leave out from ‘to’ to end of line 34 and insert—
‘(a) section 31(2) of the Planning Act 2008 (exclusion of powers to authorise development);
(b) section 109(8B) of that Act (exclusion of power to include ancillary provision in orders).”’.
No. 277, page 136, line 36, leave out from ‘to’ to end of line 38 and insert—
‘(a) section 31(2) of the Planning Act 2008 (exclusion of powers to authorise development);
(b) section 109(8B) of that Act (exclusion of power to include ancillary provision in orders).”’.
No. 278, page 136, line 38, at end insert—
‘Town and Country Planning (Scotland) Act 1997 (c. 8)
56 The Town and Country Planning (Scotland) Act 1997 is amended as follows.
57 In section 28 (planning permission required for development) after subsection (1) insert—
“(1A) Subsection (1) is subject to section 31(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).”
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