HL Deb 24 April 1975 vol 359 cc1030-4

Buildings subject to compulsory purchase orders for demolition subsequently listed

1. —(1) In this paragraph, references to a compulsory purchase order are to a compulsory purchase order made, before or after the coming into operation of this paragraph, under the provisions of—

  1. (a)Part III of the Housing (Scotland) Act 1966, or
  2. (b)Part I of the Housing (Scotland) Act 1969, or
  3. (c)Part II of the Housing (Scotland) Act 1974,
in so far (as respects such an order made under the said Act of 1969 or 1974) as the order relates to a building acquired for demolition under those provisions.

(2)Where a building to which a compulsory purchase order applies is (at any time after the making of the order) included in a list of buildings of special architectural or historic interest under section 52 of the Town and Country Planning (Scotland) Act 1972 or under any corresponding enactment repealed by that Act, the local authority making the order or its successor in the exercise of its functions relating to the order may, subject to sub-paragraph (3) below, apply to the Secretary of State (and only to him) under section 53 of the said Act of 1972 for consent to the demolition of the building.

(3) No such application may be made by virtue of sub-paragraph (2) above after the expiry of the period of three months beginning with the date on which—

  1. (a) the building is included on the said list, or
  2. (b) this paragraph comes into operation, whichever is the later.

(4) The following provisions of this paragraph shall have effect where—

  1. (a) an application for consent has been made under the said section 53, by virtue of sub-paragraph (2) above, and has been refused, or
  2. (b) the period of three months mentioned in sub-paragraph (3) above has expired without the authority having made such an application,
and in this paragraph "relevant date" means the date of the refusal or, as the case may be, of the expiry of the period of three months.

(5)If, at the relevant date—

  1. (a) the building has not vested in the authority, and
  2. (b) no notice to treat has been served by the authority under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, in respect of any interest in the building,
the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised—
  1. (i) in the case of an order referred to in sub-paragraph (l)(a) above, in a clearance area;
  2. (ii) in the case of an order referred to in sub-paragraph (l)(b) above, in a housing treatment area;
  3. (iii) in the case of an order referred to in sub-paragraph (l)(c) above, in a housing action area.

(6) Where a compulsory purchase order ceases to have effect, by virtue of sub-paragraph (5) above, in relation to a house which does not meet the tolerable standard, the authority concerned shall, in respect of the house, forthwith—

  1. (a) serve a notice under section 24 of the Housing (Scotland) Act 1969 (power of local 1032 authority to secure repair of house in state of serious disrepair), or
  2. (b) make a closing order under Part II of the Housing (Scotland) Act 1966,

whichever is appropriate.

(7) Where sub-paragraph (5) above does not apply, the authority shall cease to be subject to the duty imposed by the enactment specified in head (a), (b) or (c) of sub-paragraph (1) above to demolish the building, and in relation to any interest in the building which at the relevant date has not vested in the authority the compulsory purchase order shall have effect as if—

  1. (a) in the case of a house, it had been made and confirmed under Part VII of the Housing (Scotland) Act 1966, and
  2. (b) in any other case, it had been made and confirmed under Part VI of the Town and Country Planning (Scotland) Act 1972.

(8) If the building, or any interest in the building, was vested in the authority at the relevant date, it shall be treated—

  1. (a) in the case of a house, as appropriated to the purposes of Part VII of the said Act of 1966, and
  2. (b) in any other case, as appropriated to the purposes of Part VI of the said Act of 1972.

(9) As respects a building falling within sub-paragraph (2) above, where no notice to treat has, at the date on which the building is included in the list referred to in that sub-paragraph, been served under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the authority shall not serve such a notice until after the relevant date.

(10) In this paragraph and in paragraphs 2 and 3 below, unless the context otherwise requires— housing treatment area "means an area defined under section 4(1) of the Housing (Scotland) Act 1969; housing action area" means an area defined under section 15 or 17 of the Housing (Scotland) Act 1974; and other expressions which are also used in the Housing (Scotland) Act 1966 have the same meanings as in that Act.

Buildings acquired by agreement for demolition subsequently listed

2.—(1) Where any of the enactments specified in paragraph 1(1) above applies to a building purchased by a local authority by agreement, and at any time (before or after the coming into operation of this paragraph) the building is included in a list of buildings of special architectural or historic interest under section 52 of the Town and Country Planning (Scotland) Act 1972 or under any coresponding enactment repealed by that Act, the authority or its successor in the exercise of the powers conferred by the enactments specified in paragraph 1(1) above may, subject to sub-paragraph (2) below, apply to the Secretary of State (and only to him) under the said section 53 for consent to the demolition of the building.

(2) No such application may be made by virtue of sub-paragraph (1) above after the expiry of the period of three months beginning with the date on which—

  1. (a)the building is included on the said list, or
  2. (b) this paragraph comes into operation, whichever is the later.

(3) Where—

  1. (a) an application for consent has been made under the said section 53, by virtue of sub-paragraph (1) above, and has been refused, or
  2. (b) the period of three months mentioned in subparagraph (2) above has expired without the authority having made such an application,
the authority shall cease to be subject to the duty imposed by the enactment specified in head (a), (b) or (c) of paragraph 1(1) above to demolish the building, which shall be treated—
  1. (i) in the case of a house, as appropriated to the purposes of Part VII of the Housing (Scotland) Act 1966, and
  2. (ii) in any other case, as appropriated to the purposes of Part VI of the Town and Country Planning (Scotland) Act 1972.

Residual cases where buildings subject to clearance orders are subsequently listed

3.—(1) Where a building, to which a clearance order made under Part III of the Housing (Scotland) Act 1966 continues (by virtue of Schedule 5 to the Housing (Scotland) Act 1969) to apply, is, at any time after the confirmation of the order, included in a list of buildings of architectural or historic interest under section 52 of the Town and Country Planning (Scotland) Act 1972 or under any corresponding enactment repealed by that Act, the local authority making the order or its successor in the exercise of its functions relating to the order may, subject to sub-paragraph (2) below, apply to the Secretary of State (and only to him) under section 53 of the said Act of 1972 for consent to the demolition of the building.

(2) No such application may be made by virtue of sub-paragraph (1) above after the expiry of the period of three months beginning with the date on which—

  1. (a) the building is included in the said list, or
  2. (b) this paragraph comes into operation, whichever is the later.

(3) Where—

  1. (a) an application for consent has been made under the said section 53, by virtue of sub-paragraph (1) above, and has been refused, or
  2. (b) the period of three months mentioned in sub-paragraph (2) above has expired without the authority having made such an application,
the building shall cease to be comprised in a clearance area and to be subject to the clearance order.

(4) Where a house, which does not meet the tolerable standard, ceases to be included in a clearance area by virtue of sub-paragraph (3) above, the authority concerned shall, in respect of the building, forthwith—

  1. (a) serve a notice under section 24 of the Housing (Scotland) Act 1969 (power of local authority to secure repair of house in state of serious disrepair), or
  2. (b) make a closing order under Part II of the Housing (Scotland) Act 1966,
whichever is appropriate.

(5) Where a payment in respect of a house has been made by a local authority under section 49 of the said Act of 1966, in connection with a clearance order, and by virtue of this paragraph the house is excluded from the clearance area, then, if the person to whom the payment was made is entitled to an interest in the house he shall, subject to subparagraph (6) below, repay the payment on demand to the authority or to its successor as aforesaid.

(6) No repayment shall be required by virtue of sub-paragraph (5) above in a case where the authority have made a closing order in respect of the house and—

  1. (a) no appeal has, within the time allowed, been made against the making of the order, or
  2. (b) such an appeal has been made and has failed.

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