§ Amendment made: In page 131, line 24, column 2, leave out first "any,? and insert "the."—[Mr. Westwood.]
§ Mr. BuchananI beg to move, in page 131, line 26, column 2, at the end, to insert:
and for the words 'their consent in writing to the licensing authority,' there shall be substituted the words 'the licensing authority, that any planning permission required as aforesaid has been so granted or is deemed to be so granted.'Under Section 9 of the Betting and Lotteries Act, 1934, a licence is required for racing tracks for the duration of seven years. Under Sections 6 and 7 of the Act licences shall not be granted unless the planning authorities have consented to the establishment or continuation of the track. The effect of this Amendment and the subsequent one is to make the grant of a licence under Section 7 of the Betting and Lotteries Act, 1934, conditional on planning permission having been given for that period of the duration of the licence.
§ Mr. SpeakerAll the Amendments put down by the right hon. Gentleman the Secretary of State to Schedule Eight have been covered in the Schedules we have already passed and I suggest that it would be for the convenience of the House 1996 if I were to put the whole of the Amendments to Schedule Eight en bloc.
§ Mr. BuchananI was rather in fear of doing that myself because I might be accused of doing something smart.
§ Mr. SpeakerThe blame if any is mine.
§ Amendment agreed to.
§
Further Amendments made: In page 131, line 36, after "area" Insert:
after paragraph (4) there shall be inserted the following paragraph: —
(4A) In section seven, in subsection (1) for the words from "satisfied that" in the second place where those words occur to "or shall grant," there shall be substituted the words "satisfied that any planning permission required under the Town and Country Planning (Scotland) Act, 1947 for the establishment of the track, or for the continuance of the track during the period for which the licence would be in force, has been granted thereunder or is deemed to be so granted, or shall grant"?.?
§ In page 134, line 5, column 2, after "one," insert "in section two."
§
In line 8, column 2, leave cut from eighteen, "to end of line 12 and insert:
in subsection (1) for the words from 01 appropriated,' to the end of subsection there shall be substituted the words 'under section thirty-four or section thirty-six of the Town and Country Planning (Scotland) Act 1947, or appropriated for purposes for which land can be acquired under those sections, and is for the time being held by the authority for the purposes for which it was acquired, or appropriated'; in subsection (3) for the words 'this Part of this Act' there shall be substituted the words 'Part III of the Town and Country Planning (Scotland) Act, 1947'; in subsection (5) after the word 'shall' there shall be inserted the words 'in the case of land comprised in an area defined by a development plan as an area of comprehensive development'; for the words 'land which the authority have acquired for the purposes of this Part of this Act' there shall be substituted the words 'any such land which the authority have acquired as mentioned in subsection (1) of this section'; and for the words accommodation thereon' there shall be substituted the words 'thereon accommodation suitable to their reasonable requirements.'
§
In line 17, column 2, at end, insert:
and in subsection (10) for the words from 'land which' to 'this Part of this Act' where those words first occur there shall be substituted the words 'any such land as is mentioned in subsection (1) of this section'; for the words 'this Part of this Act in the second place where those words occur there shall be substituted' Part III of the Town and Country Planning (Scotland) Act, 1047.'
§
In line 18, column 2, leave out from "nineteen," to "and," in line 22, and insert:
in subsection (1) for the words from 'land which,' to ?purposes of this Part of this Act,' there shall be substituted the words 'any such land as is mentioned in subsection (1) of section eighteen of this Act'; and for the words 'this Part of this Act,' in the second and third places where those words occur, there shall be substituted the words 'Part III of the Town and Country Planning (Scotland) Act, 1947.'
§
In line 27, column 2, leave out from "subsection (1)," to end of line 38, and insert:
for the words from 'or a local highway,' to 'authorised by this Part of this Act,' there shall be substituted the words' as mentioned in subsection (1) of section eighteen of this Act or which has been acquired by the Central Land Board under section thirty-nine of the Town and Country Planning (Scotland) Act, 1947, whether done by the local planning authority or by any reason deriving title from the local planning authority or from the Board, as the case may be, shall be deemed to be authorised by this section.'
§
In line 43, column 2, leave out from beginning, to "in," in line 46, and insert:
for the words 'other than the local planning or highway authority,' there shall be substituted the words 'deriving title from the local planning authority,' after the word 'appropriated' there shall be inserted the words 'or from the Central Land Board,' after the word 'authority,' in the second place where that word occurs, there shall be inserted the words 'or against the Board, as the case may be,' and after the word 'authority,' in the third and fourth places where that word occurs, there shall be inserted the words "or Board.'
§
In line 53, column 2, at end, insert:
and in subsection (4) the words 'or local highway authority' shall be omitted.
§
In page 135, line 2, column 2, leave out from "subsection (1)," to "is" in line 10, and insert:
for the words from 'land which has' to the end of the subsection there shall be substituted the words 'any such land as is mentioned in subsection (1) of section eighteen of this Act if he.'
§ In line 16, column 2, leave out from"(2),"to first "the" in line 18.
§
In line 20, column 2, after "1947," insert:
shall apply to an order under this section as it applies to an order under section forty-four of that Act.
§ In line 21, column 2, leave out "any such order," and insert "an order under this section."
§
In page 136, line 2, column 2, after "omitted," insert:
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and for the words 'subsection (2) of this section' there shall be substituted the words 'paragraph 1 of the Sixth Schedule to the Town and Country Planning (Scotland) Act. 1947.'
§
In line 5, column 2, leave out from "(5)," to end of line 18 and insert:
Regulations made under the Town and Country Planning (Scotland) Act, 1947, may provide for securing that any proceedings required to be taken for the purposes of an order under this section may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished, or for securing that any proceedings required to be taken for the purpose of the acquisition of any other land under subsection (3) of this section may be taken concurrently with either or both of the said proceedings.
§
In line 28, column 2, leave out from beginning, to "and," in line 40, and insert:
for the words from 'or appropriated' to 'acquired the land' there shall be substituted the words 'by a purchasing authority under Part III of the Town and Country Planning (Scotland) Act, 1947, or which has been appropriated by a local planning authority as mentioned in subsection (1) of section eighteen of this Act.
§ In line 43, column 2, leave out "authority, Board or Minister," and insert "purchasing or appropriating authority."
§ In line 47, column 2, leave out "authority, Board or Minister," and insert "purchasing or appropriating authority."
§
In line 50, column 2, after "omitted," insert:
for the words 'the authority' there shall be substituted the words 'or on statutory undertakers, the authority or undertakers, and after 'undertaking' there shall be inserted the words 'on whom the notice was served under subsection (1) of this section.?
§
In page 137, line 9, column 2, leave out from "(8)" to "and," in line 11, and insert:
for the words 'authority or Minister' there shall be substituted the words 'purchasing or appropriating authority.'
§ In line 30, column 2, leave out "operational," and insert "any such."
§ In line 34, column 2, leave out "operational," and insert "any such."
§
In line 43, column 2, after "(1)." insert:
after the word 'that,' in the second place, where that word occurs insert '(a).??
§
In line 47, column 2, after "and," insert:
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for the words 'or the extinguishment there under,' there shall be substituted the words: —
and.
§
In line 47, leave out from ?and," to end of line 4, on page 138, and insert:
for subsection (5) there shall be substituted the following subsection:—
(5) In relation to an order made under this section, subsections (1) to (4) of section eight of the Town and Country Planning (Scotland) Act, 1947, shall apply, subject to any necessary modifications, as they apply in relation to a development plan approved by the Secretary of State under that Act, and accordingly the said subsection (1) shall have effect as if for the reference therein to the local planning authority there were substituted a reference to the appropriate Minister:
Provided that where any such order is subject to special parliamentary procedure, then—
§
In page 138, line 5, column 2, leave out from "twenty-seven," to "in." in line 19, and insert:
in subsection (1) for the words from 'or appropriated, 'to' Minister thereunder,' there shall be substituted the words 'by a purchasing authority, under Part III of the Town and Country Planning (Scotland) Act, 1947, or which has been appropriated by a local planning authority as mentioned in subsection (1) of section eighteen of this Act,' and for paragraph (a) there shall be substituted the following paragraph:—
§
In line 22, column 2, at end, insert:
and in subsection (5) the words 'or local highway authority' shall be omitted.
§
In line 23, column 2, leave out from twenty-eight," to "in," in line 37, and insert:
in subsection (1) for the words from ?or appropriated' to the words 'Minister there under' there shall be substituted the words 'by a purchasing authority under Part III of the Town and Country Planning (Scotland) Act, 1947, or which has been appropriated by a local planning authority as mentioned in subsection (1) of section eighteen of this Act and for paragraph (a) there shall be substituted the following paragraph: —
(a) in the case of land acquired by a purchasing authority other than a Minister or of land appropriated by a local planning authority as aforesaid by that authority or by any other person, if that use conforms with planning control.'
§
In line 43, column 2, at end, insert:
and in subsection (3) the words or local highway authority.? "shall be omitted.
§
In line 44, column 2, leave out from "twenty-nine," to "after," in line 51, and insert:
in subsection (1) for the words from land acquired,? to ?this Part of this Act,? there shall be substituted the words ?any such land as is mentioned in subsection (1) of section eighteen of this Act,? and.
§
In page 139, line 4, column 2, leave out from persons, "to" and, "in line 8 and insert:
in subsection (2) for the words ?under this part of this Act' there shall be substituted the words ?by a local planning authority under section thirty-four of the Town and Country Planning (Scotland) Act, 1947; in subsection (3) for the words from ?or a local high way,' to this Part of this Act there shall be substituted the words ?as is mentioned in subsection (1) of section eighteen of this Act?; in subsection (4) for the words from ?which has been acquired by? to ?Minister there under,? there shall be substituted the words on land which has been acquired or appropriated by a local planning authority as mentioned in subsection (1) of section eighteen of this Act or which has been acquired by the Central Land Board or a Minister under Part III of the Town and Country Planning (Scotland) Act, 1947.
§
In line 11, column 2, after ?(5)," insert:
the words 'or a local highway authority,? shall be omitted.
§
In line 14, column 2, leave out from "and," to end of line 16, and insert:
for the words from ?or appropriated,? to ?this Part of this Act,? there shall be substituted the words 'by the local planning auth-
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rity, Board or Minister under Part III of the Town and Country Planning (Scotland) Act, 1947, or which has been appropriated by the local planning authority as mentioned in Subsection (1) of Section eighteen of this Act.'
§
In page 140, line 19, column 2, leave out from "authority," to end of line 20, and insert:
means a Minister, the Central Land Board, a local planning authority or any statutory undertakers.
§
In line 36, column 2, at end, insert:
and after Subsection (3) there shall be added the following Subsection—
(4) Any reference in this Act to the Town and Country (Scotland) Act, 1947, Or to Part III of that Act shall be construed as including a reference to any provision of this Act incorporated with the said Part III.'
§
In line 36, column 2, at end, insert:
In the First Schedule, in sub-paragraph (c) of paragraph 1 for the word 'thereof' there shall be substituted the words or this Act.'
§
In page 141, line 18, column 2, leave out from "of," to end of line 19, and insert:
any such compulsory purchase as is mentioned in Subsection (5).
§
In line 26, column 2, at end, insert:
and in sub-paragraph (3) of paragraph 3 for the words 'authority or Minister' there shall be substituted the word 'person.'
§ In line 44, at end, insert:
| 9 & 10 Geo. 6. c. 70 | The Civil Aviation Act, 1946. | In section fifty-two in paragraph (e) for the words from ?for the reference? to '1945? there shall be substituted the words for the words from the beginning of the subsection to "effect" there shall be substituted the words "section twenty-seven of the Town and Country Planning (Scotland) Act, 1945 (which relates to consecrated land and burial grounds) shall, as amended by the Town and Country Planning (Scotland) Act, 1947, have effect "and for the words "Part I of that Act" there shall be substituted the words "Part III of the last mentioned Act".'" |
§ —[Mr. Buchanan.]