Camps Act 1930

7Application of Act to Scotland.

This Act shall apply to Scotland, subject to the following modifications—

(a)for any reference to the Minister of Health (except the reference in section one of this Act) there shall be substituted a reference to the Department of Health for Scotland (hereinafter referred to as the Department); for references to the Town Planning Act, 1925, and the Town and Country Planning Act, 1932, there shall be substituted respectively references to the [15 & 16 Geo. 5. c. 17.] Town Planning (Scotland) Act, 1925, and the [22 & 23 Geo. 5. c. 49.] Town and Country Planning (Scotland) Act, 1932; for any reference to sections eighty-four to ninety of the [8 & 9 Vict. c. 19.] Lands Clauses Consolidation Act, 1845, there shall be substituted a reference to sections eighty-three to eighty-eight of the Lands Clauses Consolidation (Scotland) Act, 1845; for any reference to a borough, there shall be substituted a reference to a burgh and references to urban or rural districts shall not apply; and for any reference to an easement there shall be substituted a reference to a servitude;

(b)section two of this Act shall have effect as if for subsections (2) and (3) thereof the following subsections were substituted—

“(2)The following provisions of the Town and Country Planning (Scotland) Act, 1932, viz:—Part III of the First Schedule, Part I of the Third Schedule (except paragraph 2 and sub-paragraph (iii) of paragraph 3) and paragraphs 2 and 4 of Part II of that Schedule, shall, so far as applicable, apply with respect to any order made under this section, subject, however, to the following and any other necessary modifications—

(i)for references to the responsible authority there shall be substituted references to the recognised company;

(ii)anything which has to be prescribed shall be prescribed by the Department;

(iii)the Department may confirm any order submitted to them under this section within two years after the passing of this Act without causing a local inquiry to be held;

(iv)section thirty-seven of the said Act of 1932 shall apply to any local inquiry held regarding an order made under this section, in like manner as if the inquiry were held under that Act.

(3)In its application to a recognised company who make under this section a compulsory purchase order, paragraph 4 of Part I of the Third Schedule to the Town and Country Planning (Scotland) Act, 1932, shall have effect as if it provided that the notice required by sub-paragraph (a) of that paragraph to be published in a local newspaper shall also be served on the council of any county or burgh in which any land comprised in the order is situate”;

(c)nothing in section two of this Act shall authorise the compulsory acquisition of any land which is the site of an ancient monument or other object of archaeological interest, and where any land proposed to be acquired by means of a compulsory purchase order under the said section is situate within such distance as may be prescribed by the Department after consultation with the Commissioners of Works from any of the royal palaces or parks, the recognised company shall communicate with the Commissioners of Works and the Department shall, before confirming the order, take into consideration any recommendation received from the Commissioners of Works with reference to the order; and

(d)the exemption from requirements and restrictions conferred by subsection (1) of section three of this Act shall extend to any requirement imposed by or under any enactment, or by virtue of the common law, as to the presentation of a petition to a dean of guild court, or to any body performing the functions of such a court.