Town and Country Planning Act 1968

Section 38.

SCHEDULE 4Consequential Amendments of Planning Blight Provisions of 1962 Act.

Section 138

In subsection (1),—

(a)after the word " Act ", where occurring for the first time, there shall be inserted the words " and of sections 33 to 37 of the Act of 1968 ";

(b)paragraphs (a) and (b) shall be omitted ; and

(c)in paragraph (c), for the words in parenthesis there shall be substituted the words " (otherwise than by being dealt with in a manner mentioned in section 33(1)(a) or (b) of the Act of 1968) ";

For subsection (5) there shall be substituted the following subsections:—

“(5)In this section and in the said sections 139 to 151 ' these provisions' means the provisions of this section, those sections and sections 33 to 37 of the Act of 1968 ; and ' the specified descriptions ' means the descriptions contained in paragraphs (c) to (f) of subsection (1) of this section and paragraphs (a) to (d) of section 33(1) of that Act.

(6)In these provisions ' blight notice' means a notice served under the next following section or under section 34 of the Act of 1968”.

Section 139

In subsection (3)—

(a)in paragraph (a) the word " designated " shall be omitted, in both places ; and for the words " any of paragraphs (a) to (c) of subsection (1) of the last preceding section " there shall be substituted the words " paragraph (c) of section 138(1) above or paragraph (a) or (b) of section 33(1) of the Act of 1968 "; and

(b)in paragraphs (b), (c) and (d) for the words " that subsection " there shall be substituted, in each place, the words " section 138(1) above " .

In subsection (4), for the words " a notice served under this section " there shall be substituted the words " a blight notice ".

Section 140

In subsection (1), for the words " Where a notice has been served under the last preceding section " there shall be substituted the words " Where a blight notice has been served ".

For subsection (3) there shall be substituted the following subsection—

“(3)Any counter-notice served under this section in respect of a blight notice shall specify the grounds (being one or more of the grounds specified in subsection (2) above or, as relevant, section 34(8) or 35(1) of the Act of 1968) on which the appropriate authority object to the notice”.

Section 141

In subsection (1), for the words " notice served under section one hundred and thirty-nine of this Act " there shall be substituted the words " a blight notice ".

Section 142

In subsection (1), for the words " Where a notice has been served under section one hundred and thirty-nine of this Act " there shall be substituted the words " Where a blight notice has been served ".

In subsection (2)(b), for the words " the notice under section one hundred and thirty-nine of this Act " there shall be substituted the words " the blight notice ".

In subsection (3), for the words from the beginning to " that notice " there shall be substituted the words " Where the appropriate authority have served a counter-notice objecting to a blight notice ".

Section 144

In subsection (1) for the words " a notice has been served under section one hundred and thirty-nine of this Act " there shall be substituted the words " a blight notice has been served ".

Section 145

Subsections (3) and (6) shall be omitted.

Section 146

In subsection (1), for the words " a notice under section one hundred and thirty-nine of this Act " there shall be substituted the words " a blight notice ".

Section 149

In subsections (l)(a), (1)(b), (3)(a) and (3)(b), for the words " the whole or part " (wherever occurring) there shall be substituted the words " the whole or a substantial part ".

In subsections (1)(b), (2)(b) and (3)(b) for the words " six months before the date of service " there shall be substituted the words " twelve months before the date of service ".

Section 150

Subsection (5) shall be omitted.