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Planning and Compensation Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2025-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(2A) A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless— (a) the compensation has been agreed or awarded or has been paid or paid into court, (b) a general vesting declaration has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, (c) the acquiring authority have entered on and taken possession of the land specified in the notice, or (d) the question of compensation has been referred to the Lands Tribunal. (2B) If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless— (a) any of the events referred to in that subsection have then taken place, or (b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on). (2C) Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority— (a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and (b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect. (2D) The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the Lands Tribunal. (2E) Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.

Home loss payments

68

(1) For section 29(2) of the Land Compensation Act 1973 (home loss payment where person displaced from dwelling: period and nature of occupation) there is substituted—

(2) A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement— (a) he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and (b) he has been in such occupation by virtue of an interest or right to which this section applies, but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

(2) Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.

(3) For section 30 of that Act (amount of home loss payment in England and Wales) there is substituted—

(30) (1) In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 29 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500. (2) In any other case, the amount of the home loss payment shall be £1,500. (3) For the purposes of this section and section 32 below the market value of an interest in a dwelling— (a) in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and (b) in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest, and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal. (4) In determining for the purposes of this section and section 32 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling. (5) The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above. (6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “owner’s interest” means the interest of a person who is an owner as defined in section 7 of the Acquisition of Land Act 1981.

(4) For section 32(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—

(1) No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount. (2) Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates— (a) the date of displacement; (b) the last day of the period of three months beginning with the making of the claim; and (c) where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined. (2A) Where the amount of the payment is to be determined in accordance with section 30(1) above— (a) the acquiring authority may at any time make a payment in advance; and (b) if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so). (2B) The amount of the payment in advance shall be the lesser of— (a) the maximum amount for the purposes of section 30(1) above, (b) 10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount. (2C) Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined. (3) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which— (a) he has resided in the dwelling as his only or main residence but without satisfying those conditions, and (b) another person or other persons have satisfied those conditions, and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it. (3A) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).

(5) In section 32(4) of that Act for “five years” there is substituted “ one year ”.

(6) In section 32(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.

(7) In section 32(7) and (7B) of that Act, after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.

(8) In section 33 of that Act (caravan dwellers)—

(a) in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

(b) in subsection (3), for the words following “substituted” (in the second place) there is substituted—

(a) he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and (b) he has been in such occupation of the site by virtue of an interest or right to which this section applies.

(4) Section 30 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.

(d) in subsection (5), for paragraph (a) there is substituted—

(a) as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;

,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

(9) This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.

Home loss payments: spouses having statutory rights of occupation

69

After section 29 of the Land Compensation Act 1973 there is inserted—

(29A) (1) This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse (“B”) acquires rights of occupation (within the meaning of the Matrimonial Homes Act 1983). (2) So long as— (a) those rights of occupation continue, (b) B is in occupation of the dwelling and A is not, and (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies, B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below). (3) References in this section to a dwelling include a reference to a substantial part of it.

General

Further amendments relating to land compensation

70

Schedule 15 to this Act, of which—

(a) Part I contains miscellaneous amendments, and

(b) Part II contains minor and consequential amendments,

relating to land compensation, shall have effect.

Part IV — Land Compensation - Scotland

Home loss payments

71

(1) For section 27(2) of the Land Compensation (Scotland) Act 1973 (home loss payment where person displaced from dwelling) there is substituted—

(2) A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement— (a) he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and (b) he has been in such occupation by virtue of an interest or right to which this section applies, but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 29 and 30 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

(2) Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.

(3) For section 28 of that Act (amount of home loss payment) there is substituted—

(28) (1) In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 27 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500. (2) In any other case, the amount of the home loss payment shall be £1,500. (3) For the purposes of this section and section 29 below the market value of an interest in a dwelling— (a) in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and (b) in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest, and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal. (4) In determining for the purposes of this section and section 29 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling. (5) The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above. (6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “owner’s interest” means the interest of a person who is an owner as defined in section 45(1) of the Land Compensation (Scotland) Act 1963.

(4) For section 29(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—

(1) No home loss payment or discretionary payment shall be made except on a claim in writing made by the person entitled thereto (“the claimant”) giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount. (2) Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates— (a) the date of displacement; (b) the last day of the period of three months beginning with the making of the claim; and (c) where the amount of the payment is to be determined in accordance with section 28(1) above, the day on which the market value of the interest in question is agreed or finally determined. (2A) Where the amount of the payment is to be determined in accordance with section 28(1) above— (a) the acquiring authority may at any time make a payment in advance; and (b) if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so). (2B) The amount of the payment in advance shall be the lesser of— (a) the maximum amount for the purposes of section 28(1) above, (b) 10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount. (2C) Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined. (3) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which— (a) he has resided in the dwelling as his only or main residence but without satisfying those conditions, and (b) another person or other persons have satisfied those conditions, and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it. (3A) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 27(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 27(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).

(5) In section 29(4) of that Act, for “five years” there is substituted “ one year ”.

(6) In section 29(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.

(7) In section 29(7) and (7AA), after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.

(8) In section 30 of that Act (caravan dwellers)—

(a) in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

(b) in subsection (3), for the words following “substituted” (in the second place) there is substituted—

(a) he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and (b) he has been in such occupation of the site by virtue of an interest or right to which this section applies

(4) Section 28 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.

(d) in subsection (5), for paragraph (a) there is substituted—

(a) as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;

,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

(9) This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.

Home loss payments: spouses having statutory occupancy rights

72

After section 27 of the Land Compensation (Scotland) Act 1973 there is inserted—

(27A) (1) This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 27 above applies, the other spouse (“B”) acquires occupancy rights (within the meaning of the Matrimonial Homes (Family Protection) (Scotland) Act 1981). (2) So long as— (a) those occupancy rights continue; (b) B is in occupation of the dwelling and A is not; and (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies, B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 28 below). (3) References in this section to a dwelling include a reference to a substantial part of it.

Advance payments of compensation and interest

73

(1) In section 48 of the Land Compensation (Scotland) Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—

(4A) Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time. (5) Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority

(2) After that section there is inserted—

(48A) (1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under paragraph 3(1) of the second Schedule to the Acquisition of Land (Authorisation Procedures) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the Lands Clauses Consolidation (Scotland) Act 1845. (2) If the authority make a payment under section 48(1) above to any person on account of the compensation— (a) they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 48(1) above was calculated; and (b) the difference between the amount of the payment under section 48(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section. (3) If the authority make a payment under section 48(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on— (a) the amount by reference to which the payment under section 48(4A) above was calculated; less (b) the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated. (4) Where the authority make a payment under section 48(4A) above on account of the compensation, the difference between— (a) the amount of the payment; and (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated, is an unpaid balance for the purposes of this section. (5) If, on an anniversary of the date on which the authority made a payment to any person under section 48(1) above on account of the compensation— (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be, (b) the aggregate amount of the accrued interest on any unpaid balances, exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount. (6) The acquiring authority shall, on paying the compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances. (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with— (a) the making of the payment under section 48(1) or, as the case may be, 48(4A) above; or (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection. (8) For the purposes of this section— (a) interest accrues at the rate prescribed under section 40 of the Land Compensation (Scotland) Act 1963 or, in the case of a bond under section 84 of the Lands Clauses Consolidation (Scotland) Act 1845, at the rate specified in that section; and (b) the amount by reference to which a payment under section 48(1) or (4A) was calculated is the amount referred to in section 48(3)(a) or (b) for the purposes of that calculation. (9) Where any payment has been made under section 48(1) above on account of any compensation, the acquiring authority is not required to pay interest under paragraph 3(1) of the second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the Lands Clauses Consolidation (Scotland) Act 1845. (10) Where the amount, or aggregate amount, of any payment under section 48 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid. (11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority. (12) The Secretary of State may by order increase the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Planning assumptions in connection with acquisition of land by roads authorities

74

At the end of section 22 (assumptions as to planning permission) of the Land Compensation (Scotland) Act 1963 there is added—

(5) If, in a case where— (a) the relevant land is to be acquired for use for, or in connection with, providing, altering or improving a public road; or (b) that use, or its use in that connection, is being considered by the roads authority, a determination mentioned in subsection (7) of this section falls to be made, that determination shall be made on the following assumption. (6) The assumption is that, if the relevant land were not so used, no public road would be provided, altered or improved to meet the same or substantially the same need as would have been met by the provision, alteration or improvement of the public road referred to in paragraph (a) or (b) of subsection (5) of this section. (7) The determinations referred to in subsection (5) of this section are— (a) a determination, for the purpose of assessing compensation in respect of any compulsory acquisition, whether planning permission might reasonably have been expected to be granted for any development if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers, and (b) a determination under section 25 of this Act as to the development for which, in the opinion of the planning authority, planning permission would or would not have been granted if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers .

Certification of appropriate alternative development

75

(1) For section 25(1) of the Land Compensation (Scotland) Act 1963 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted—

(1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may, subject to subsection (2) of this section, apply to the planning authority for a certificate under this section

(2) In subsection (4) of that section (certificate stating that permission for development would or would not be granted) for paragraphs (a) and (b) there is substituted—

(a) planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or (b) planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development, and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.

(3) After subsection (9) of that section there is inserted—

(9A) In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 26 of this Act where any of the issues on the appeal are determined in his favour)

Powers to acquire land whose enjoyment will be affected by public works

76

(1) After section 24(2) of the Land Compensation (Scotland) Act 1973 (acquisition of land in connection with public works) there is inserted—

(2A) Where the responsible authority— (a) propose to carry out works on land to which this subsection applies for the construction or alteration of any public works, and (b) are, in relation to the land, the appropriate authority, they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the seller is an interest such as is mentioned in subsection (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the Town and Country Planning (Scotland) Act 1972. (2B) Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181. (2C) In this section— “appropriate authority” has the meaning given in section 194(1) of the said Act.

(2) After section 106(2) of the Roads (Scotland) Act 1984 (acquisition of land for mitigating adverse effects of construction of road) there is inserted—

(2A) Where the roads authority propose to carry out works on land to which this subsection applies for the construction or improvement of a road, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the road if the interest of the seller is an interest such as is mentioned in subsections (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the Town and Country Planning (Scotland) Act 1972. (2B) Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181.

Compensation where permission for additional development granted after acquisition

77

(1) Schedule 16 to this Act (which revives Part V of the Land Compensation (Scotland) Act 1963) shall have effect.

(2) This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.

Time limit on validity of notice to treat

78

(1) A notice to treat under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 shall, for the purposes of any compulsory purchase to which the provisions of the first Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 apply, cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

(a) the compensation has been agreed or awarded or has been paid or paid into a bank;

(b) a general vesting declaration has been executed under paragraph 1 of Schedule 15 to the Town and Country Planning (Scotland) Act 1997;

(d) the question of compensation has been referred to the Lands Tribunal for Scotland.

(2) If the person interested in the land, or having power to sell and convey it, and the acquiring authority agree to extend the period referred to in subsection (1) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

(a) any of the events referred to in that subsection have then taken place; or

(b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

(3) Where a notice to treat ceases to have effect by virtue of subsection (1) or (2) of this section, the acquiring authority—

(a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2) of this section, and

(b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

(4) The amount of any compensation payable under subsection (3) of this section shall, in default of agreement, be determined by the Lands Tribunal for Scotland.

(5) Compensation payable to any person under subsection (3) of this section shall carry interest at the rate prescribed under section 40 (rate of interest after entry on land) of the Land Compensation (Scotland) Act 1963 from the date on which he was entitled to be given notice under that subsection until payment.

Further amendments relating to land compensation in Scotland

79

Schedule 17 to this Act—

(a) Part I of which contains miscellaneous amendments; and

(b) Part II of which contains minor and consequential amendments,

relating to land compensation in Scotland shall have effect.

Part V — Miscellaneous and General

Interest on compensation and payments on account

80

(1) Compensation payable under any provision mentioned in column 1 of an entry in Part I of Schedule 18 to this Act shall carry interest at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963 from the date shown against that provision in column 2 of the entry until payment.

(2) If it appears to any person that he may become liable to pay to another—

(a) compensation under any provision mentioned in Schedule 18 to this Act, or

(b) interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the Lands Clauses Consolidation Act 1845 or ...,

he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(3) If after a payment has been made by any person under subsection (2) above—

(a) it is agreed or determined that he is not liable to pay the compensation or interest, or

(b) by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

(4) The Secretary of State may by order amend that Schedule by adding further entries or provisions to Part I or Part II.

(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Abolition of new street byelaws

81

(1) Part X of the Highways Act 1980 (new street byelaws) is repealed.

(2) Nothing in this section affects—

(a) any order made before the day on which this section comes into force under section 188 of that Act (new street orders) or under any enactment from which that section is derived; or

(b) any powers of a local authority exercisable under Part X of that Act in respect of such an order.

(3) The Secretary of State may by order made by statutory instrument repeal any local enactment so far as it makes provision having similar effect to any provision of Part X of that Act.

Home loss payments: Northern Ireland

82

An order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to the purposes of sections 68 and 69 of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Consequential amendment of section 91A of Income and Corporation Taxes Act 1988

83

In section 91A of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)—

(a) in subsection (4)(b) for “any term of a relevant agreement” there is substituted “ any relevant obligation ”; and

(b) for subsection (7) there is substituted—

(7) For the purposes of this section a relevant obligation is— (a) an obligation arising under an agreement made under— (i) section 106 of the Town and Country Planning Act 1990, as originally enacted; (ii) section 50 of the Town and Country Planning (Scotland) Act 1972; (b) a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the Planning and Compensation Act 1991, or under section 299A of the Act of 1990; (c) an obligation arising under or under an agreement made under any provision— (i) corresponding to section 106 of the Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and (ii) for the time being in force in Northern Ireland.

Short title, commencement, etc

84

(1) This Act may be cited as the Planning and Compensation Act 1991.

(2) Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.

(4) Sections 31(2), (3), (7) and (8) and 60(2), (3) and (5), paragraphs 1, 5 and 13 of Schedule 6 and the related repeals shall come into force on the day on which this Act is passed.

(5) Nothing in any provision of this Act affects the punishment for an offence committed before the provision comes into force.

(6) The enactments mentioned in Schedule 19 to this Act are repealed to the extent specified in the third column.

(7) Parts I and III of this Act and section 81 extend to England and Wales only.

(8) Parts II and IV of this Act extend to Scotland only.

(9) This Act, apart from sections 82 and 83, does not extend to Northern Ireland.

SCHEDULE 1

1

The principal Act is amended as follows.

2

In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

3

In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—

(d) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after— (i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or (ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

4

In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—

(6) Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development— (a) consisting of the winning and working of minerals; or (b) involving the depositing of refuse or waste materials.

5

In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—

(8) Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.

6

In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.

7

For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—

(105) (1) Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area. (2) Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit— (a) to review every mining site in their area; and (b) to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it. (3) For the purposes of subsection (2) “a mining site” means a site which— (a) is being used for the winning and working of minerals or the depositing of mineral waste; (b) has been so used at any time during— (i) the period of five years preceding the date of the beginning of the review; or (ii) such other period preceding that date as may be prescribed; or (c) is authorised to be so used. (4) If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

8

In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.

9

For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—

(116) (1) Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under— (a) section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or (b) paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing, sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed. (2) Any such regulations may make provision— (a) as to circumstances in which compensation is not to be payable; (b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; (c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed, and may also make different provision for different cases and incidental or supplementary provision. (3) No such regulations shall be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament. (4) Before making any such regulations the Secretary of State shall consult such persons as appear to him to be representative— (a) of persons carrying out mining operations; (b) of owners of interests in land containing minerals; and (c) of mineral planning authorities.

10

In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.

11

In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.

12

In section 336(1) (interpretation)—

(a) after the definition of “conservation area” there is inserted—

“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

(b) the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;

(d) the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and

(e) at the end there is inserted—

“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

13

In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—

(a) in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and

(b) sub-paragraph (2) is omitted.

14

(1) In Schedule 5, in paragraph 1(1) for “consisting of the winning and working of minerals” there is substituted

— (a) consisting of the winning and working of minerals; or (b) involving the depositing of mineral waste,

(2) In sub-paragraphs (2), (3) and (5) of that paragraph for “development”, in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

(3) In sub-paragraph (6) of that paragraph “consisting of the winning and working of minerals” is omitted.

(4) In paragraph 2(1) of that Schedule—

(a) in paragraph (a) after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”; and

(b) in paragraph (b) for “operations for the winning and working of minerals have been completed” there is substituted “ the winning and working is completed or the depositing has ceased ”.

(5) In paragraph 6 of that Schedule for the words from “carried out” to “under the land” there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

(6) In paragraph 7 of that Schedule after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

(7) At the end of that Schedule there is inserted—

(9) In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

15

(1) In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted—

(a) that any use of land for— (i) development consisting of the winning and working of minerals; or (ii) the depositing of refuse or waste materials, should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;

(2) For paragraph (c) of that sub-paragraph there is substituted—

(c) that any plant or machinery used for the winning and working or the depositing should be altered or removed,

(3) For sub-paragraphs (2) and (3) of that paragraph there is substituted—

(2) An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be— (a) required by paragraph 1 of Schedule 5; or (b) specified in the order. (3) Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if— (a) references to the local planning authority were references to the mineral planning authority; and (b) the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).

(4) In paragraph 2 of that Schedule for sub-paragraph (1) there is substituted—

(1) An order under paragraph 1 may impose a restoration condition

(5) In sub-paragraph (4)(b) of that paragraph for the words from “before” to “under it” there is substituted “ before the development began ”.

(6) For paragraph 3(1) to (3) of that Schedule there is substituted—

(1) Where it appears to the mineral planning authority— (a) that development of land— (i) consisting of the winning and working of minerals; or (ii) involving the depositing of mineral waste, has occurred; but (b) the winning and working or depositing has permanently ceased, the mineral planning authority may by order— (i) prohibit the resumption of the winning and working or the depositing; and (ii) impose, in relation to the site, any such requirement as is specified in sub-paragraph (3). (2) The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when— (a) no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and (b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely. (3) The requirements mentioned in sub-paragraph (1) are— (a) a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose; (b) a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations; (c) a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and (d) a restoration condition.

(7) At the end of paragraph 4(8) of that Schedule there is inserted “ or involving the depositing of mineral waste ”.

(8) For paragraph 5(1) of that Schedule there is substituted—

(1) Where it appears to the mineral planning authority— (a) that development of land— (i) consisting of the winning and working of minerals; or (ii) involving the depositing of mineral waste, has occurred; but (b) the winning and working or depositing has been temporarily suspended, the mineral planning authority may by order require that steps be taken for the protection of the environment.

(9) For sub-paragraphs (3) and (4) there is substituted—

(3) The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when— (a) no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but (b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely. (4) In this Act “steps for the protection of the environment” means steps for the purpose— (a) of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended; (b) of protecting that area from damage during that period; or (c) of preventing any deterioration in the condition of the land during that period.

(10) In paragraph 10(1) of that Schedule for “in, on or under the land” there is substituted “ or involving the depositing of mineral waste at the site ”.

(11) In sub-paragraph (3) of that paragraph for “development consisting of the winning and working of minerals” there is substituted “ the development ”.

(12) For sub-paragraph (4) of that paragraph there is substituted—

(4) The mineral planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

(13) For sub-paragraph (8) there is substituted—

(8) If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

(14) At the end of that Schedule there is inserted—

(12) In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

16

(1) Schedule 11 (compensation in respect of certain orders affecting mineral working) is omitted.

(2) Without prejudice to section 17(2)(b) of the Interpretation Act 1978, any regulations made or having effect as if made by virtue of Schedule 11 to the principal Act shall, to the extent that they are in force on the coming into force of this paragraph, have effect as if made under section 116 of the principal Act as substituted by paragraph 9 of this Schedule.

SCHEDULE 2

Application for registration

1

(1) Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the mineral planning authority for the permission to be registered.

(2) The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

(3) The application must be served on the mineral planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.

(4) On an application under this paragraph, the mineral planning authority must—

(a) if they are satisfied that (apart from section 22(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

(i) the area of land to which the permission relates, and

(ii) the conditions (if any) to which the permission is subject,

and grant the application, and

(b) in any other case, refuse the application.

(5) Where—

(a) application has been made under this paragraph, but

(b) the mineral planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of section 22 of this Act and this Schedule as having been refused by the authority.

Determination of conditions

2

(1) The conditions to which an old mining permission is to be subject—

(a) may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

(b) may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

(c) must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

(2) Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the mineral planning authority to determine the conditions to which the permission is to be subject.

(3) The application must set out proposed conditions.

(4) The application must be served on the mineral planning authority—

(a) after the date mentioned in sub-paragraph (5) below, and

(b) except where section 22(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(5) The date referred to in sub-paragraph (4) above is—

(a) the date on which the application for registration is granted by the mineral planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

(b) in any other case, the date on which the application for registration is finally determined.

(6) On an application under this paragraph—

(a) the mineral planning authority must determine the conditions to which the permission is to be subject, and

(b) if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 22 of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

(7) The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b) of the principal Act (planning permission granted for a limited period).

(8) This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.

Registration

3

(1) Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 69 of the principal Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.

(2) Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

(3) The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

General provisions about applications

4

(1) An application under paragraph 1 or 2 above is an application which is—

(a) made on an official form, and

(b) accompanied by an appropriate certificate.

(2) The applicant must, so far as reasonably practicable, give the information required by the form.

(3) Where the mineral planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

(4) Where the mineral planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

(5) An appropriate certificate is such a certificate—

(a) as would be required under the provisions mentioned in sub-paragraph (6) or, as the case may be, (7) below to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or, as the case may be, involving the depositing of mineral waste, but

(b) with such modifications as are required for the purposes of this Schedule.

(6) For the purposes of paragraph 1 above, the provisions referred to in sub-paragraph (5) above are—

(a) sections 66 to 68 of the principal Act (notification of owners and agricultural tenants) and any provisions of a development order made by virtue of those sections, or

(b) where section 16(1) of this Act is in force, any provision, corresponding to the provisions referred to in paragraph (a) above, of section 65 of that Act (notice etc. of applications) and of a development order made by virtue of that section.

(7) For the purposes of paragraph 2 above, the provisions referred to in sub-paragraph (5) above are—

(a) sections 65 to 68 of the principal Act (publicity for applications) and any provision of a development order made by virtue of those sections, or

(b) where section 16(1) of this Act is in force, section 65 of that Act and any provision of a development order made by virtue of that section.

(8) Section 68(1) or, as the case may be, 65(5) of that Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

Right of appeal

5

(1) Where the mineral planning authority—

(a) refuse an application under paragraph 1 above, or

(b) in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

(2) Where on an application under paragraph 2 above, the mineral planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

(3) An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

(4) In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).

(5) In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.

(6) A notice of appeal under this paragraph is a notice which—

(a) is made on an official form, and

(b) is accompanied by an appropriate certificate.

(7) The appellant must, so far as reasonably practicable, give the information required by the form.

(8) Paragraph 4(5) to (8) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

(9) Schedule 6 to the principal Act (determination of appeals by persons appointed by Secretary of State) applies to appeals under this paragraph.

Determination of appeal

6

(1) On an appeal under paragraph 5 above the Secretary of State may—

(a) allow or dismiss the appeal, or

(b) reverse or vary any part of the decision of the mineral planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(2) Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3) If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(4) The decision of the Secretary of State on such an appeal shall be final.

Reference of applications to Secretary of State

7

(1) The Secretary of State may give directions requiring applications under this Schedule to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.

(2) The direction may relate either to a particular application or to applications of a class specified in the direction.

(3) Where an application is referred to him under this paragraph—

(a) subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—

(i) paragraph 1(1) to (4),

(ii) paragraph 2(1) to (6)(a), (7) and (8),

(iii) paragraphs 3 and 4, and

(iv) paragraphs 8 to 10,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority,

(b) before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

(4) Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

Two or more applicants

8

(1) Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—

(a) he may not serve any further application under the paragraph in question in respect of the same permission, and

(b) if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

(2) Where—

(a) a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

(b) another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

Application of provisions of principal Act

9

(1) Subject to paragraph 3 above, section 69 of the principal Act (registers of applications, etc.), and any provision of a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.

(2) Where the mineral planning authority is not the authority required to keep the register under that section, the mineral planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.

(3) Sections 284 and 288 of the principal Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.

Interpretation

10

(1) In this Schedule—

“official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and

“owner” in relation to any land means any person who—

(a) is the estate owner in respect of the fee simple, or

(b) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.

(2) For the purposes of section 22 of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the principal Act, have been determined, and

(b) any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

SCHEDULE 3

Part I — Changes relating to enforcement

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

1

In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—

(a) for subsection (4) there is substituted—

(4) A person who is guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

; and

(b) in subsection (5) “on indictment” is omitted.

2

For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—

(5) The local planning authority may— (a) withdraw a listed building enforcement notice (without prejudice to their power to issue another); or (b) waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 38(3), and the powers conferred by this subsection may be exercised whether or not the notice has taken effect. (6) The local planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it

3

(1) Section 39 of that Act (appeals) is amended as follows.

(2) For subsection (1)(b) and (c) there is substituted—

(b) that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred; (c) that those matters (if they occurred) do not constitute such a contravention

(3) For subsection (2) there is substituted—

(2) An appeal under this section shall be made either— (a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or (b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

(4) In subsection (3) after “shall” there is inserted “ subject to any order under section 65(3A) ”.

4

For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—

(1) On an appeal under section 39 the Secretary of State may— (a) correct any defect, error or misdescription in the listed building enforcement notice; or (b) vary the terms of the listed building enforcement notice, if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority. (2) Where the Secretary of State determines to allow the appeal, he may quash the notice. (2A) The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

5

For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—

(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

For section 43 of that Act (penalties for non-compliance) there is substituted—

(43) (1) Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice. (2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence. (3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence. (4) In proceedings against any person for an offence under this section, it shall be a defence for him to show— (a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or (b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding £20,000; and (b) on conviction on indictment, to a fine. (6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

7

After section 44 of that Act there is inserted—

(44A) (1) Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part. (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention. (3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown. (4) The references in subsection (1) to a local planning authority include, as respects England, the Commission. (5) In this section “the court” means the High Court or the county court.

8

(1) Section 65 of that Act (appeals to High Court) is amended as follows.

(2) After subsection (3) there is inserted—

(3A) In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

(3) For subsection (5) there is substituted—

(5) No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

9

(1) In section 88 of that Act (rights of entry)—

(a) in subsection (1) after “on it” there is inserted “ or any other land ”,

(b) in subsection (2)(a) after “surveying it” there is inserted “ or any other land ”,

(d) in subsection (2)(c) after “on the land” there is inserted “ or any other land ”,

(e) in subsection (2)(d) for “such building” there is substituted “ building on the land or any other land ”,

(f) in subsection (3)(a) after “section 59” there is inserted “ in relation to the land or any other land ”, and

(g) in subsection (3)(b) and (c) after “the land” there is inserted “ or any other land ”.

(2) For subsection (7) of that section there is substituted—

(88A) (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 88; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, the justice may issue a warrant authorising any person duly authorised in writing by the appropriate authority to enter the land. (2) In subsection (1) “the appropriate authority” means the person who may authorise entry on the land under section 88 for the purpose in question. (3) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (4) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (88B) (1) A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier. (2) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 88 or 88A (referred to in this section as “a right of entry”)— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (5) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (6) A person who is guilty of an offence under subsection (4) shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum, or (b) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (7) If any damage is caused to land or chattels in the exercise of— (a) a right of entry; or (b) a power conferred by virtue of section 88(6) in connection with such a right, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of that Act. (8) No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1). (9) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 88 if— (a) the land in question is held by statutory undertakers; and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (10) Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

Planning (Hazardous Substances) Act 1990 (c. 10.)

10

In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the words following paragraph (b) there is substituted—

(4A) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence

11

In section 24 of that Act (hazardous substances contravention notices)—

(a) in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and

(b) in subsection (8) after “before” there is inserted “ or after ”, and

(c) at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

12

After that section there is inserted—

(24A) (1) A hazardous substances authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 24(5)(b) in the notice. (2) The powers conferred by subsection (1) may be exercised before or after the notice takes effect. (3) The hazardous substances authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.

13

In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.

14

After section 26(2) of that Act (transitional exemptions) there is inserted—

(2A) This section shall have effect until the end of the transitional period.

15

After section 26 of that Act there is inserted—

(26AA) (1) Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act. (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention. (3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown. (4) In this section “the court” means the High Court or the county court.

16

(1) Section 36 of that Act (rights of entry) is amended as follows.

(2) In subsection (4) after “contravention notice” there is inserted “ or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) ”.

(3) For subsection (6) there is substituted—

(36A) (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land. (2) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (3) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (36B) (1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (referred to in this section as “a right of entry”)— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (4) Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (5) A person who is guilty of an offence under subsection (3) shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum, or (b) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (6) If any damage is caused to land or chattels in the exercise of— (a) a right of entry; or (b) a power conferred by virtue of section 36(5) in connection with such a right, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act. (7) The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 if— (a) the land in question is held by statutory undertakers, and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (8) Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

Part II — Minor and Consequential Amendments

Local Government, Planning and Land Act 1980 (c. 65.)

17

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.

Housing Act 1988 (c. 50.)

18

In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9.)

19

In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—

(a) in subsection (2) “within such period as may be so specified” is omitted,

(b) for subsection (3) there is substituted—

(3) A listed building enforcement notice— (a) shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), shall take effect on that date, and (b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps, and, where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

, and

(c) in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.

20

In section 39(7) of that Act “in writing” is omitted.

21

In section 42 of that Act—

(a) in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and

(b) subsection (7) is omitted.

22

In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.

23

Section 55(6) of that Act is omitted.

24

In section 82 of that Act—

(a) in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and

(b) in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.

25

In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.

26

In section 90(6)(b) of that Act “and 42(6)” is omitted.

27

In section 92(2)(b) of that Act “and 42(6)” is omitted.

28

In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.

29

In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.

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