Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Part XIIS Statutory Undertakers

Application of ss. 214 to 220 to matters arising before 8th December 1969S

51(1)This paragraph shall have effect as respects the application, by virtue of Part I of this Schedule, of the provisions of this Act hereinafter specified in relation to matters arising before 8th December 1969 (in this paragraph referred to as “the relevant date”).

(2)In relation to any application for planning permission made before the relevant date or any appeal from the decision on an application so made, section 214 of this Act shall have effect as if it contained provisions corresponding to paragraph 1(1) of Schedule 5 to the Act of 1947 and as if subsection (2)(b) were omitted.

(3)In relation to any decision made before the relevant date, section 215 of this Act shall have effect as if it contained provisions corresponding to paragraph 2(1)(a) of the said Schedule 5.

(4)In relation to any order of which notice has been given under paragraph 3(2) of the said Schedule 5 before the relevant date, section 216 of this Act shall have effect as if it contained provisions corresponding to the said paragraph 3(2).

(5)In relation to any order of which notice has been given under paragraph 4(2) of the said Schedule 5 before the relevant date, section 217 of this Act shall have effect as if it contained provisions corresponding to the said paragraph 4(2).

(6)In relation to a compulsory purchase order made or confirmed before the relevant date, section 218 of this Act shall have effect as if it contained provisions corresponding to section 42(4)(b) of the Act of 1947.

(7)In relation to any order made before the relevant date under section 24 of the Act of 1945, section 220 of this Act shall have effect as if it contained provisions corresponding to section 24(7) of the Act of 1945.

Extinguishment of rights: notices served before 8th December 1969S

52In relation to a notice served before 8th December 1969, section 219(1) of this Act shall have effect with the omission—

(a)of the words from “if satisfied” to “appropriated”; and

(b)of the words from “of twenty-eight days” to “as may be”.

Application of section 219 to land acquired by Central Land BoardS

53In section 219(1) of this Act, the reference to land acquired by a Minister, a local authority or statutory undertakers under Part VI of this Act shall be construed as including a reference to land acquired by the Central Land Board under Part IV of the Act of 1947, as well as to land acquired under the said Part IV by a Minister, a local authority or statutory undertakers.

Right to compensation for decisions made before 8th December 1969S

54In its application, by virtue of Part I of this Schedule, to a decision made before 8th December 1969, section 226 of this Act shall have effect as if for subsection (1)(a) there were substituted provisions corresponding to paragraph 1(a) or (b) of Schedule 4 to the Act of 1945 and as if subsection (5) contained a proviso corresponding to paragraph 2(2) of Schedule 5 to the Act of 1947.

Enactments applying section 24 of Act of 1945S

55(1)This paragraph shall have effect for the purposes of any enactment which applies the provisions of section 24 of the Act of 1945 with adaptations consisting of or including adaptations of the references in that section to a purchasing authority or to the purchasing or appropriating authority.

(2)Any such enactment shall be construed (in accordance with Part I of this Schedule or [F1sections 16(1) and 17(2)(a) of the M1Interpretation Act 1978] as applying the provisions of section 219 and section 226(2) of this Act with corresponding adaptations of the references in those provisions to a Minister, a F2 planning authority or statutory undertakers, or to the acquiring or appropriating authority, as the case may require.