Part VS General, Financial and Supplementary

78 InterpretationS

(1)In this Act unless the context otherwise requires—

• [F1 “ the Act of 1997 ” means the Town and Country Planning (Scotland) Act 1997; ]

• “agricultural land” means land used for the purposes of agriculture within the meaning of section 86(3) of the M1Agriculture (Scotland) Act 1948 and “agricultural purposes” shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “boat” includes any hover vehicle or craft being a vehicle or craft designed to be supported on a cushion of air and which is used on or over water;

• F3. . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

• “enactment” has the same meaning as in [F5the Act of 1997];

• [F6 “ footway ” has the same meaning as in the Roads (Scotland) Act 1984; ]

• “function” includes power and duty;

• “interest”, in relation to land, includes any right over land, whether the right is exercisable by virtue of [F7 ownership ] or by virtue of a licence or agreement, and in particular includes sporting and fishing rights;

• “land” includes land covered by water and, in relation to the acquisition or disposal of land by virtue of this Act, any right or interest in or over land;

• “livestock rearing land” has the meaning assigned to it by section 1(3) of the M2Livestock Rearing Act 1951;

• “local authority” [F8means a [F9council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

• “local planning authority” [F10means a general, regional or district planning authority within the meaning of Part IX of the M3Local Government (Scotland) Act 1973.]

• “open country” has the meaning assigned to it by section 10(2) of this Act;

• “owner”, in relation to land, means the person who, for the time being, receives, or, if the land were let, would be entitled to receive the rent of the land, or who, in the case of land which is unlet, is entitled to occupy the land, and includes any trustee, tutor, curator, factor, agent or other person receiving the rent on behalf of any other person, and also a joint owner;

• “prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State subject to annulment in pursuance of a resolution of either House of Parliament;

• “public body” includes any local authority, local planning authority or statutory undertaker, and any trustees, commissioners, board or other persons who as a public body and not for their own profit act under any enactment for the improvement of any place or the production or supply of any commodity or service;

• [F11 “ refreshments ” includes [F12alcohol within the meaning of section 2 of the Licensing (Scotland) Act 2005 (asp 16)]; ]

• [F13 “ road ” has the same meaning as in the Roads (Scotland) Act 1984; ]

  “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by [F14section 217 of the Act of 1997];

• F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “waterway” means any loch, lake, river, reservoir, canal or other waters, being (in any case) water suitable, or which can reasonably be rendered suitable, for sailing, boating, bathing, fishing or other water sport or recreation.

(2)References in this Act to the conservation of natural beauty of an area shall be construed as including references to the conservation of features of geological or physiographical interest therein and of the flora and fauna thereof.

(3)References in this Act to any enactment are references to that enactment as amended by or under any subsequent enactment including this Act.