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(1) Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power or water and a relevant airport operator (within the meaning of Part V of the [1986 c. 31.] Airports Act 1986).
(2) Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of Part V of the Airports Act 1986), means an airport to which that Part of that Act applies.
(3) Subject to subsection (5), for the purposes of the provisions mentioned in subsection (4) any public gas transporter, the Post Office and the Civil Aviation Authority shall be deemed to be statutory undertakers and their undertakings statutory undertakings.
(4) The provisions referred to in subsection (3) are sections 26, 57, 69, 70, 77(3), 90 to 92, 94, 99, 121(11)(b), 194(2)(a), 196 to 198, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), and Schedules 6, 7, 14 and 16.
(5) Subsection (4) shall apply—
(a) as respects the Post Office, as if the reference to sections 26, 194(2)(a), 196, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2) and 277(2) and (3) were omitted;
(b) as respects the Civil Aviation Authority, as if the references to sections 200, 215(1) and (2) and 277(2) and (3) were omitted and the reference to Schedule 16 included the words “except paragraph 3”; and
(c) as respects any public gas transporter, as if the reference to Schedule 7 were omitted and the reference to Schedule 16 included the words “except paragraphs 1 and 3”.
(6) Any holder of a licence under section 6 of the [1989 c. 29.] Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking—
(a) for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;
(b) for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and
(c) for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to that Act.
(7) The provisions referred to in subsection (6) are—
(a) sections 26, 77(3), 90 to 92, 94, 99, 194(2)(a), 196, 200, 205(3)(e), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), Schedule 14 and paragraphs 2(2)(a) and (3)(a) of Schedule 16;
(b) sections 121(11)(b), 197 and 198; and
(c) sections 202(4)(b) and 208(2) and paragraphs 1, 6(2)(b)(iii) and (3), 8(5) and (7) and 9(1), (3) and (4) of Schedule 16.
(1) Subject to the following provisions of this section and to section 216, in this Act “operational land” means, in relation to statutory undertakers—
(a) land which is used for the purpose of carrying on their undertaking, and
(b) land in which an interest is held for that purpose.
(2) Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.
(3) In sections 77(3), 218 to 236 and paragraph 6 of Schedule 6 “operational land”, in relation to the Post Office and the Civil Aviation Authority, means land of the Post Office’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.
(4) Such regulations—
(a) may define a class of land by reference to any circumstances whatsoever, and
(b) in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.
(5) In the case of the Post Office or the Civil Aviation Authority, if any question arises as to whether land belonging to either of them falls within a class defined by such regulations, it shall be determined by the Secretary of State.
(1) This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—
(a) the interest was acquired by them on or after 8th December 1969, or
(b) it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1947 Act.
(2) Where this section applies in respect of any land then, notwithstanding the provisions of section 215, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).
(3) Land falls within this subsection if—
(a) there is, or at some time has been, in force with respect to it a specific planning permission for its development, and
(b) that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers' undertaking.
(4) Land falls within this subsection if—
(a) the statutory undertakers' interest in the land was acquired by them as the result of a transfer under the provisions of the [1968 c. 73.] Transport Act 1968, the [1986 c. 44.] Gas Act 1986 or the [1986 c. 31.] Airports Act 1986 from other statutory undertakers, and
(b) immediately before transfer the land was operational land of those other undertakers.
(5) A specific planning permission for the purpose of subsection (3)(a) is a planning permission—
(a) granted on an application in that behalf made under Part III,
(b) granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval,
(c) granted by a special development order in respect of development specifically described in the order,
(d) deemed to be granted by virtue of a direction of a government department under section 57(1), or
(e) deemed to be granted by virtue of paragraph 27 of Schedule 9 to the [1969 c. 48.] Post Office Act 1969.
(6) In subsection (5)—
(a) the reference in paragraph (a) to Part III includes a reference to Part III of the 1972 Act and the enactments in force before the commencement of that Act and replaced by Part III of it,
(b) the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised—
(i) by a local or private Act of Parliament,
(ii) by an order approved by both Houses of Parliament, or
(iii) by an order which has been brought into operation in accordance with the provisions of the [1945 c. 18.] Statutory Orders (Special Procedure) Act 1945,
being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out, and
(c) the reference in paragraph (d) to section 57(1) includes a reference to section 37 of the 1972 Act and section 32 of the 1947 Act.
(7) This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the [1969 c. 49.] Post Office Act 1969.
(8) Where an interest in land is held by the Civil Aviation Authority this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority for the purposes of this Act.
(1) Subject to the following provisions of this section, in this Act “the appropriate Minister” means—
(a) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority or a relevant airport operator (within the meaning of Part V of the [1986 c. 31.] Airports Act 1986), the Secretary of State for Transport;
(b) in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power and the Post Office, the Secretary of State for Trade and Industry;
(c) in relation to statutory undertakers carrying on an undertaking for the supply of water, the Secretary of State for Scotland; and
(d) in relation to any other statutory undertakers, the Secretary of State for the Environment.
(2) For the purposes of sections 121(11), 218 to 233, 270(9) and 277(2) and (3) and paragraph 6 of Schedule 6, “the appropriate Minister”—
(a) in relation to a public gas transporter, means the Secretary of State for Trade and Industry; and
(b) in relation to a holder of a licence under section 6 of the [1989 c. 29.] Electricity Act 1989, means the Secretary of State.
(3) References in this Act to the Secretary of State and the appropriate Minister—
(a) if the appropriate Minister is not the one concerned as the Secretary of State, shall be construed as references to the Secretary of State and the appropriate Minister; and
(b) if the one concerned as the Secretary of State is also the appropriate Minister, shall be construed as references to the Secretary of State alone,
and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.
(1) Where—
(a) an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Secretary of State under Part III,
(b) an appeal is made to the Secretary of State under that Part from the decision on such an application, or
(c) such an application is deemed to be made under subsection (7) of section 133 on an appeal under section 130 by statutory undertakers,
the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister.
(2) Subsection (1) applies to—
(a) operational land, and
(b) land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.
(3) Subject to the provisions of this Part as to compensation, this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.
(4) Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed.
Notwithstanding anything in Part III, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring—
(a) that any buildings or works authorised by the permission shall be removed, or
(b) that any use of the land so authorised shall be discontinued,
at the end of a specified period.
(1) The Secretary of State and the appropriate Minister shall not be required under section 218(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development.
(2) Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission.
(3) For the purposes of this section development shall be taken to be authorised by a government department if—
(a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment,
(b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development,
(c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose,
(d) authority is given by the department—
(i) for the borrowing of money for the purpose of the development, or
(ii) for the application for that purpose of any money not otherwise so applicable, or
(e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,
and references in this section to the authorisation of a government department shall be construed accordingly.
In relation to any planning permission granted on the application of statutory undertakers for the development of operational land, the provisions of Part III with respect to the revocation and modification of planning permission shall have effect as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.
The provisions of Part III with respect to the making of orders—
(a) requiring the discontinuance of any use of land,
(b) imposing conditions on the continuance of it, or
(c) requiring buildings or works on land to be altered or removed,
and the provisions of Schedule 8 with respect to the making of orders under that Schedule shall have effect in relation to operational land of statutory undertakers as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.
(1) This section applies to any compulsory purchase order under this Act authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.
(2) Paragraph 10 (protection of land of statutory undertakers) of Schedule 1 to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall not apply to such an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.
(1) This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII of this Act or Chapter V of Part I of the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—
(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or
(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.
(2) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.
(3) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the statutory undertakers a notice—
(a) stating that at the end of the relevant period the right will be extinguished, or
(b) requiring that before the end of that period the apparatus shall be removed.
(4) The statutory undertakers on whom a notice is served under subsection (3) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—
(a) stating that they object to all or any of the provisions of the notice, and
(b) specifying the grounds of their objection.
(5) If no counter-notice is served under subsection (4)—
(a) any right to which the notice relates shall be extinguished at the end of the relevant period, and
(b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
(6) If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—
(a) withdraw the notice (without prejudice to the service of a further notice), or
(b) apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.
(7) If a counter-notice is served under subsection (4) on a Minister—
(a) he may withdraw the notice (without prejudice to the service of a further notice), or
(b) he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.
(8) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.
(1) This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII or under Chapter V of Part I of the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—
(a) there subsists over that land a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or
(b) there is on, under or over the land telecommunication apparatus kept installed for the purposes of any such system.
(2) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.
(3) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of the telecommunications code system a notice—
(a) stating that at the end of the relevant period the right will be extinguished, or
(b) requiring that before the end of that period the apparatus shall be removed.
(4) The operator of the telecommunications code system on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—
(a) stating that he objects to all or any of the provisions of the notice, and
(b) specifying the grounds of his objection.
(5) If no counter-notice is served under subsection (4)—
(a) any right to which the notice relates shall be extinguished at the end of the relevant period, and
(b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
(6) If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—
(a) withdraw the notice (without prejudice to the service of a further notice), or
(b) apply to the Secretary of State and the Secretary of State for Trade and Industry for an order under this section embodying the provisions of the notice, with or without modification.
(7) If a counter-notice is served under subsection (4) on a Minister—
(a) he may withdraw the notice (without prejudice to the service of a further notice), or
(b) he and the Secretary of State for Trade and Industry may make an order under this section embodying the provisions of the notice, with or without modification.
(8) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.
(1) Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 224(1) or 225(1) and—
(a) there is on, under or over the land any apparatus vested in or belonging to statutory undertakers, and
(b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,
the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2) No notice under this section shall be served later than 21 days after the beginning of the development of land which has been acquired or appropriated as mentioned in section 224(1) or, as the case may be, 225(1).
(3) Where a notice is served under this section, the authority on whom it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice—
(a) stating that they object to all or any of the provisions of the notice, and
(b) specifying the grounds of their objection.
(4) If no counter-notice is served under subsection (3), the statutory undertakers shall, after the end of that period, have the rights claimed in their notice.
(5) If a counter-notice is served under subsection (3), the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.
(6) Where, by virtue of this section or of an order of Ministers under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.
(7) In subsection (1)(a), the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system.
(8) For the purposes of subsection (7), in this section—
(a) references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such system, and
(b) references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.
(1) Where a Minister and the appropriate Minister propose to make an order under section 224(7) or 225(7), they shall prepare a draft of the order.
(2) Before making an order under subsection (6) or (7) of section 224, or under subsection (6) or (7) of section 225, the Ministers proposing to make the order shall give the statutory undertakers or, as the case may be, the operator of the telecommunications code system on whom notice was served under subsection (3) of section 224 or, as the case may be, under subsection (3) of section 225 an opportunity of objecting to the application for, or proposal to make, the order.
(3) If any such objection is made, before making the order the Ministers shall cause an inquiry to be held and shall give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (6) of either of those sections, the planning authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.
(4) After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.
(5) Where an order is made under section 224 or 225—
(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order, and
(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
(6) In this section references to the appropriate Minister shall in the case of an order under section 225 be taken as references to the Secretary of State for Trade and Industry.
(1) The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—
(a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a planning authority or Minister may be authorised under Part VIII or under Chapter V of Part I of the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment, or
(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).
(2) Those acts and events are—
(a) the acquisition under Part VIII or that Chapter or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;
(b) the extinguishment of a right or the imposition of any requirement by virtue of section 224 or 225;
(c) a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);
(d) the revocation or modification of planning permission granted on any such application;
(e) the making of an order under section 71 or paragraph 1 of Schedule 8 in relation to any such land.
(3) The powers conferred by this section shall also be exercisable where, on a representation made by a planning authority or Minister, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the planning authority or Minister making the representation may be authorised under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which the local authority or Minister may compulsorily acquire land under any other enactment.
(4) Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order—
(a) to secure the services in question, as mentioned in subsection (1)(a) or (3), or
(b) to secure the adjustment in question, as mentioned in subsection (1)(b),
as the case may be.
(5) Without prejudice to the generality of subsection (4), an order under this section may make provision—
(a) for empowering the statutory undertakers—
(i) to acquire (whether compulsorily or by agreement) any land specified in the order, and
(ii) to erect or construct any buildings or works so specified;
(b) for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works;
(c) where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the planning authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;
(d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.
(6) Orders under this section shall be subject to special parliamentary procedure.
(1) As soon as possible after making such a representation as is mentioned in section 228(1) or (3) the statutory undertakers, the planning authority or Minister making the representation shall publish notice of the representation.
(2) A notice under subsection (1)—
(a) shall be published in such form and manner as the Secretary of State and the appropriate Minister may direct,
(b) shall give such particulars as they may direct of the matters to which the representation relates, and
(c) shall specify the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made.
(3) A similar notice shall be served—
(a) on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and
(b) if directed by the Secretary of State and the appropriate Minister, on such persons, or persons of such classes, as may be so directed.
Town and Country Planning (Scotland) Act 1997