The Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991

• Citation: S.I. 1991/2092
• Sections: 22

Section 1 Citation

This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991.

Section 2 Interpretation

In this Order–

“commencement date” means the 25th September 1991; and

“the 1991 Act ” means the Planning and Compensation Act 1991.

Section 3 Commencement

Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991:–

section 47;

section 48;

section 50;

section 57 in so far as it relates to the provisions of Schedule 10 referred to below;

section 60(1), (4), (6), (7) and (8);

section 61 in so far as it relates to the provisions of Schedule 13 referred to below;

sections 71 to 76;

section 77;

section 78;

section 79;

section 80 in so far as it relates to the provisions of Schedule 18 referred to below;

section 84(6) in so far as it relates to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order;

Schedule 10 in so far as it relates to paragraphs 1 and 2;

Schedule 12;

Schedule 13 in so far as it relates to paragraphs 2, 5, 6, 7(a)(ii) and (iii) and (b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(i);

Schedule 16;

Schedule 17;

Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972( ) in Part I;

Schedule 19 in so far as it relates to the repeals in Part IV specified in Schedule 1 to this Order.

Section 4 Cases where commencement limited

–

(1) The provisions of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified–

(a) in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;

(b) in relation to a compulsory purchase order made by a Minister, paragraph 3 of Schedule 1 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947( ) as applied by paragraph 7(4) of that Schedule has been complied with;

(c) in relation to a purchase notice within the meaning of Part IX of the Town and Country Planning (Scotland) Act 1972( ), the following events:–

(i) in the case of a purchase notice served in accordance with section 169(1) of that Act, planning permission is refused or granted subject to conditions;

(ii) in the case of a purchase notice served in accordance with section 177(1) of that Act, planning permission is revoked or modified by the imposition of conditions by way of an order under section 42 of the Act;

(iii) in the case of a purchase notice served in accordance with section 178(1) of that Act, an order is made under section 49 of the Act;

(d) in relation to a blight notice within the meaning of subsection (6) of section 181 of the said 1972 Act( ), the land falls within any of the descriptions set out at subsection (1) of that section.

(2) A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.

(3) In Part II of that Schedule, except where a contrary intention appears–

(a) an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and

(b) a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.

Section 1

Section 73 (advance payments of compensation and interest).

Section 1

Section 47(1) (power of planning authority to decline to determine applications)

Section 1

The date the application is received.

Section 2

Section 74 (planning assumptions in connection with acquisition of land by roads authorities).

Section 2

Section 60(6) (repeals, minor and consequential amendments of compensation provisions of the Town and Country Planning (Scotland) 1972 Act and Schedule 12 in so far as they relate to the following paragraphs of that Schedule:

Section 3

Section 78 (time limit on validity of notice to treat).

Section 3

Section 61 (Planning minor and consequential amendments) and Schedule 13 in so far as they relate to paragraph 36 of that Schedule

Section 3

The date a claim for compensation is duly made in accordance with section 143 of the Town and Country Planning (Scotland) Act 1972

Section 4

Section 79 (further amendments relating to land compensation in Scotland) and Schedule 17 in so far as they relate to the following paragraphs of that Schedule:–

paragraphs 2 and 3 (local authority and statutory undertakers' land)

paragraph 5 (rules for assessment of compensation)

paragraph 6 (expenses in acquiring replacement land)

paragraph 14 (farm loss payments)

paragraph 15 (notice to quit agricultural holding; right to opt for notice of entry compensation)

paragraph 21 (advance payments of compensation and interest).

Section 4

Section 72 (home loss payments)

Section 4

(a) in a case where paragraph (a) or (b) of subsection (1) of section 27 of the Land Compensation (Scotland) Act 1973 applies the date the event mentioned in paragraph (a) or (b) occurs;

(b) in a case where paragraph (c) or (d) of that subsection applies, the date the land is acquired (or as the case may be) appropriated;

(c) in a case where paragraph (e) of that subsection applies the date when the occupants have been required to remove; and

(d) in a case where paragraph (f) of that subsection applies the date when the proceedings for the order for recovery of possession mentioned in that paragraph are started.

Section 5

Section 80(1) (interest on compensation) and Schedule 18, Part I in so far as they relate to section 39(3) of the Land Compensation (Scotland) Act 1963 .

Section 5

Section 75 (certification of appropriate alternative development)

Section 5

The date any of the circumstances mentioned in section 30(2) of the Land Compensation (Scotland) Act 1963 arises.

Section 6

Section 84(6) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 of section 12 of the Land Compensation (Scotland) Act 1963 and sections 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973( ).

Section 6

Section 79 (further amendments relating to land compensation) and Schedule 17 in so far as they relate to the following paragraphs of that Schedule:—

(1) paragraphs 7 to 10 (certification of appropriate alternative development)

Section 7

Section 80(1) (interest on compensation) and Schedule 18 in so far as they relate to—

Section 8

Section 84(6) and Schedule 19 in so far as they relate to the repeals in Part IV of that Schedule of or in—