HL Deb 01 July 1991 vol 530 cc824-45

109Page 60, line 10, leave out from 'that' to end of line 15 and insert 'if the relevant land were not so used, no highway would be constructed to meet the same or substantially the same need as the highway referred to in paragraph (a) or (b) of subsection (5) of this section would have been constructed to meet'.

110Page 60, leave out lines 30 to 32 and insert: '(8) The references in subsections (5) and (6) of this section to the construction of a highway include its alteration or improvement".'.

111 After Clause 55, insert the following new clause:

Home loss payments: spouses having statutory rights of

occupation

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

"Spouses having statutory rights of occupation.

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—

  1. (a) those rights of occupation continue,
  2. (b) B is in occupation of the dwelling and A is not, and
  3. (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.".'.

112 After Clause 57, insert the following new clause:

Home loss payments: spouses having statutory occupancy

rights

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

"Home loss payments: spouses having statutory occupancy

rights.

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—

  1. (a) those occupancy rights continue;
  2. (b) B is in occupation of the dwelling and A is not; and
  3. (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.".'.

113 Clause 59, page 71, line 28, leave out 'the purpose of and insert 'use for'.

114 Page 71, line 31, leave out 'its use for that purpose or' and insert 'that use, or its use'.

115 Page 71, line 36, leave out from 'that' to end of line 41 and insert '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.'.

116 After Clause 66, insert the following new clause:

Home loss payments: Northern Ireland

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 55 and 56 of this Act—

  1. (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but
  2. (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

117 Clause 67, page 75, line 44, at end insert ', or under section 299A of the Act of 1990'.

118 Page 76, line 3, after '1991', insert 'or to section 299A of the Act of 1990'.

119 Clause 68, page 76, line 24, leave out 'section' and insert 'sections (Home loss payments: Northern Ireland) and'.

120 Page 76, line 26, leave out subsection (10).

121 Schedule 1, page 77, line 37, leave out from beginning to 'mining' in line 39 and insert 'For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—

"Reviews by mineral planning authorities.

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.

(1A) Subject to regulations made by virtue of subsection (2A), the duty under this section is, at such intervals as they think fit—

  1. (a) to review every'.

122 Page 77, leave out line 43.

123 Page 78, line 1, leave out 1(1) and insert '(1A)'.

124 Page 78, line 10, at end insert: '(2A) If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed".'.

125 Page 78, line 13, leave out from beginning to 'with' in line 17 and insert 'For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—

"Modification of compensation provisions in respect of

mineral working etc.

116.—(1) Regulations made by virtue of this section'

126 Page 78, line 20, at beginning insert 'consisting of the winning and working of minerals or'.

127 Page 78, line 22, at beginning insert 'winning and working or'.

128 Page 78, line 41, leave out from 'Part IV)' to end of line 42 and insert 'for "under paragraph 1 of Schedule 11" there is substituted "by virtue of section 116".'.

129 Page 79, line 2, leave out paragraph (a).

130 Page 79, line 8, leave out 'definition' and insert 'definitions'.

131 Page 79, line 9, leave out 'is omitted' and insert 'and "mineral compensation modifications" are omitted'.

132 Page 79, line 11, after "'substances"' insert: '(da) the definitions of "relevant order", "restriction on the winning and working of minerals" and "special consultations" are omitted'.

133 Page 82, line 21, leave out paragraph 16 and insert: '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.'.

134 After Schedule I, insert the following new Schedule—

'SCHEDULE

Registration of Old Mining Permissions 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 (Old mining permissions)(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

  1. (i) the area of land to which the permission relates, and
  2. (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—

  1. (a) application has been made under this paragraph, but
  2. (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 (Old mining permissions) 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—

  1. (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,
  2. (b) may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4) (a) above, and
  3. (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—

  1. (a) after the date mentioned in sub-paragraph (5) below, and
  2. (b) except where section (Old mining permissions)(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—

  1. (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
  2. (b) in any other case, the date on which the application for registration is finally determined.

(6) On an application under this paragraph—

  1. (a) the mineral planning authority must determine the conditions to which the permission is to be subject, and
  2. (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 (Old mining permissions) 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 I or 2 above is an application which is—

  1. (a) made on an official form, and
  2. (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 I 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—

  1. (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
  2. (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—

  1. (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
  2. (b) where section 13(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—

  1. (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
  2. (b) where section 13(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(I) 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—

  1. (a) refuse an application under paragraph 1 above, or
  2. (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 (I) 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—

  1. (a) is made on an official form, and
  2. (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.

Determination of appeal

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

  1. (a) allow or dismiss the appeal, or
  2. (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—

  1. (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
  2. (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—

  1. (i) paragraph 1(1) to (4),
  2. (ii) paragraph 2(1) to (6) (a), (7) and (8),
  3. (iii) paragraphs 3 and 4, and
  4. (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

(c) the decision of the Secretary of State on the application shall be final.

(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—

  1. (a) he may not serve any further application under the paragraph in question in respect of the same permission, and
    2. 830
  2. (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—

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

  1. (a) is the estate owner in respect of the fee simple, or
  2. (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 (Old mining permissions) of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

  1. (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
  2. (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.'.

135 Schedule 2, page 85, line 2, after second 'may', insert '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)'.

136 Page 86, line 32, leave out 'land is damaged' and insert 'damage is caused to land or chattels'.

137 Page 86, line 36, leave out from 'compensation' to 'from' in line 37 and insert 'may be recovered by any person suffering the damage'.

138 Page 87, line 33, at end insert: '13A. 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".'.

139 Page 89, line 3, leave out 'land is damaged' and insert 'damage is caused to land or chattels'.

140 Page 89, line 7, leave out from 'compensation' to 'from' in line 8 and insert 'may be recovered by any person suffering the damage'.

141 Page 89, line 31, leave out '38A'.

142 Page 90, line 22, leave out from '5' to first '(b)' in line 24.

143 Schedule 3, page 103, line 34, leave out from 'section' to end of line 35 and insert '45 (approval of proposals by Secretary of State), in subsection (3) (a) after "with" there is inserted "the".

(2) After subsection (4) of that section there is inserted— (5) Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.".'.

144 Page 105, line 8, after 'section', insert "'repeal and" is omitted and'.

145 Page 105, line 12, leave out 'and'.

146 Page 105, line 17, at end insert 'and (c) in paragraph (b) "and they may do so as respects any part of that area to which the proposals relate" is omitted.'.

147 Page 105, line 32, at end insert 'and for "38" there is substituted "39".'.

148 Page 105, line 34, leave out from 'operation' to 'shall' in line 36 and insert:

  1. '(a) of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and
  2. (b) of a local plan or proposals for its alteration or replacement so prepared.'.

149 Page 113, line 42, at end insert:

'Joint plans

48A.—(1) The Secretary of State may give directions applying with modifications the provisions of this part of this Schedule to cases where—

  1. (a) any plan has been or is being jointly prepared; or
  2. (b) any proposals for the alteration, repeal or replacement of such a plan have been or are being jointly prepared.

(2) Any such directions may be of a general or particular character.'.

150 Schedule 5, page 118, line 7, leave out paragraph 11.

151 Page 121, leave out lines 20 to 22.

152 Page 121, line 23, leave out 'that Act' and insert 'the Planning (Consequential Provisions) Act 1990'.

153 Schedule 6, page 122, line 3, at end insert:

'Rent (Agriculture) Act 1976 (c.80)

3A. In section 33(4) of the Rent (Agriculture) Act 1976 for the words from "section 63(2) (b)" to the end there is substituted "section 73A of the Town and Country Planning Act 1990".'.

154 Page 122, line 41, leave out '56(3)' and insert '56, in subsection (3)'.

155 Page 122, line 41, at end insert:

'(2) In subsection (4) of that section after paragraph (a) there is inserted— (aa) any work of demolition of a building;".'.

156 Page 122, line 42, leave out 'In section 63(5) "65, 71(1) or"' and insert 'Section 63'.

157 Page 123, line 1, at end insert:

'11A. In section 69—

  1. (a) in subsection (1) "made to that authority", and
  2. (b) in subsection (3) "made to the authority", are omitted.'.

158Page 123, line 6, at end insert: '13A.—(1) After section 73 there is inserted—

"Planning permission for development already curried out.

73A.—(1) On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) applies to development carried out—

  1. (a) without planning permission;
    2. 832
  2. (b) in accordance with planning permission granted for a limited period; or
  3. (c) without complying with some condition subject to which planning permission was granted.

(3) Planning permission for such development may be granted so as to have effect from—

  1. (a) the date on which the development was carried out; or
  2. (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period."'.

159 Page 123, line 8, leave out 'and (2)" there is substituted "70"' and insert 'and (2), 72(1) and (5) and 73" there is substituted "70, 72(1) and (5), 73 and 73A".

160 Page 123, line 12, leave out '71(2)" there is substituted "70"' and insert '71(2), 72(1) and (5) and 73" there is substituted "70, 72(1) and (5), 73 and 73A".

161 Page 123, line 15, at end insert: '16A. In section 91(4) (b), for the words from "granted" to the end there is substituted "granted for development carried out before the grant of that permission". 16B.—(1) In section 102, for subsections (4) and (5) there is substituted— (4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103. (5) Planning permission for such development may be granted so as to have effect from—

  1. (a) the date on which the development was carried out; Or
  2. (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period."'.

162 Page 124, line 10, at end insert: '(2) For section 177(3) there is substituted— (3) The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III. (3) In section 177(5) for "for the development to which the notice relates" there is substituted "in respect of the matters stated in the enforcement notice as constituting a breach of planning control".'.

163 Page 124, line 13, leave out from '(1)' to end of line 31 and insert 'Where, after the service of?

  1. (a) a copy of an enforcement notice; or
  2. (b) a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission..

164 Page 124, line 41, leave out '181(5) (b)' and insert '181—

  1. (a) in subsections (1) (a), (4) (b) and (5) (b) for "demolition", in each place where it occurs, there is substituted "removal";
  2. (b) in subsections (3), (4) and (5) for "demolished", in each place where it occurs, there is substituted "removed"; and
  3. (c) in subsection (5) (b)'.

165 Page 125, line 4, after 'relevant activity"' insert: (aa) in subsection (1) (c) the words from "or for its retention" to "granted" are omitted;'.

166 Page 125, line 10, at beginning insert 'and'.

167 Page 125, line 37, at end insert: '29A. In section 216(6) for "£40" there is substituted "one-tenth of level 3 on the standard scale".'.

168 Page 125, line 39, at end insert: '31A. In section 224(3) for "£40" there is substituted "one-tenth of level 3 on the standard scale".'.

169 Page 127, line 27, at end insert: '(aa) at the end of the definition of "buildings or works" there is inserted "and references to the removal of buildings or works include demolition of buildings and filling in of trenches"; and (ab) for the definition of "building operations" there is substituted— building operations" has the meaning given by section 55;".'.

170 Page 127, line 30, leave out 'and'.

171 Page 127, line 33, at end insert 'and (e) in the definition of "planning permission" the words from "and in construing" to the end are omitted.'.

172 Page 128, line 3, leave out from beginning to 'shall' in line 5 and insert 'For paragraph 8 there is substituted— 8.—(l) A local planning authority who have the function of determining applications for planning permission".'.

173 Page 128, leave out lines 32 to 34 and insert: '(1E) A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified—

  1. (a) to give the council an opportunity to make representations to them as to the manner in which the application should be determined;
  2. (b) to take into account any such representations;
  3. (c) to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.'.

174 Page 128, line 42, leave out 'For paragraph 20(3)' and insert 'In paragraph 20, in sub-paragraph (1), for "100(3), 104(3) or 202(1)" there is substituted "100(3), 104(3), I96A(3), 202(1) or 214B(6)".

(10) For sub-paragraph (3) of that paragraph'.

175 Page 128, line 44, leave out from 'into' to 'may' in line 45 and insert 'a planning obligation under section 106 or 299A'.

176 Page 129, line 22, leave out "'64" there is substituted "63"' and insert "'to 64" there is substituted "and 62"'.

177 Page 129, line 25, at end insert: '(bb) after the entry relating to section 72(1) to (4) there is inserted— Section 73A."'.

178 Page 130, line 22, at end insert:

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

51.In section 59(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for "£40" there is substituted "one-tenth of level 3 on the standard scale".

52. For section 67(8) of that Act there is substituted— (8) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act."— 53. For section 73(2) of that Act there is substituted— (2) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act. 54. For paragraph 3 of Schedule 4 to that Act (distribution of functions: National Parks) there is substituted— 3. Where an application for listed building consent under section 10 relating to land in a National Park falls to be determined by a county planning authority, that authority—

  1. (a) shall send a copy of the application, as soon as practicable and in any event not later than seven days after they have received it, to the district planning authority for the area in which the land to which the application relates is situated; and
  2. (b) shall before determining the application consult the district planning authority.".'.

179 Schedule 7, page 133, line 28, leave out paragraph 10 and insert: '10. Sections 153A, 159A and 159B are omitted. 10A. For section 167A there is substituted—

"Regulations as to compensation in respect of orders

relating to mineral working.

167A.—(1) The Secretary of State may by regulations made with the consent of the Treasury provide, in relation to orders made under—

  1. (a) section 42 of this Act modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste; or
  2. (b) section 49, 49A or 49B of this Act with respect to such winning and working or depositing,
that sections 153, 159, 167, 226 and 227 of this Act shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made by virtue of this section may make provision—

  1. (a) as to circumstances in which compensation is not to be payable;
  2. (b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;
  3. (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 regulations under this section shall have effect until 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—

  1. (a) of persons carrying out mining operations;
  2. (b) of owners of interests in land containing minerals;
  3. (c) of planning authorities.".
10B. Sections 167B and I67C are omitted.'.

180 Page 134, line 3, at end insert: '10A. In section 251(1 A) (power to modify Act in relation to minerals) the definition of "development consisting of the winning and working of minerals" is omitted.'.

181 Page 134, line 4, leave out from beginning to 'mining' in line 6 and insert: '11. For section 251A (duty of planning authorities to review mineral workings) there is substituted—

"Reviews of mineral workings by planning authorities.

251A.—(1) Every planning authority shall undertake periodic reviews about the winning and working of minerals, and the depositing of mineral waste, in their area.

(1A) Subject to regulations made by virtue of section (2A) of this section, the duty under this section is, at such intervals as they think fit—

  1. (a) to review every'.

182 Page 134, leave out line 10.

183 Page 134, line 11, leave out '(1)' and insert '(1A)'.

184 Page 134, line 20, at end insert: '(2A) If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.'.

185 Page 134, line 22, leave out paragraph (a).

186 Page 134, line 29, at end insert: '(ca) the definition of "mineral compensation modifications" is omitted;'.

187 Page 134, line 31, after '"substances";' insert: '(da) the definitions of "relevant order", "restrictions on the winning and working of minerals" and "special consultations" are omitted;'.

188 After 7, insert the following new Schedule—

'SCHEDULE

Registration of old mining permissions

The following Schedule shall be inserted as Schedule 10A to the 1972 Act—

"Registration of old mining permissions 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 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 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 planning authority must—

(a) if they are satisfied that (apart from section 49H(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

  1. (i) the area of land to which the permission relates, and
  2. (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—

  1. (a) application has been made under this paragraph, but
  2. (b) the 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 49H 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—

  1. (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,
  2. (b) may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4) (a) above, and
  3. (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 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 planning authority—

  1. (a) after the date mentioned in sub-paragraph (5) below, and
  2. (b) except where section 49H(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—

  1. (a) the date on which the application for registration is granted by the planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and
  2. (b) in any other case, the date on which the application for registration is finally determined.

(6) On an application under this paragraph—

  1. (a) the planning authority must determine the conditions to which the permission is to be subject, and
    2. 836
  2. (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 49H of this Act and this 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 27(1) (b) of this 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.—(l) 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 31 of this 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 I or 2 above is an application which is—

  1. (a) made on an official form, and
  2. (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 planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgment of the application.

(4) Where the 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—

  1. (a) as would be required under sections 23 or 24 of this Act to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; but
  2. (b) with such modifications as are required for the purposes of this Schedule.

(6) Sections 23(3) and 24(6) of this Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

Right of appeal

5.—(l) Where the planning authority—

  1. (a) refuse an application under paragraph 1 above, or
  2. (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 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—

  1. (a) is made on an official form, and
  2. (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) and (6) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

Determination of appeal

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

  1. (a) allow or dismiss the appeal, or
  2. (b) reverse or vary any part of the decision of the 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 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—

  1. (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
  2. (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 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?

  1. (i) paragraph 1(1) to (4),
  2. (ii) paragraph 2(1) to (6) (a), (7) and (8),
  3. (iii) paragraphs 3 and 4, and
  4. (iv) paragraphs 8 to 10,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority,

(b) before determining the application the Secretary of State must, if either the applicant or the 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

(c) the decision of the Secretary of State on the application shall be final.

(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 I or 2 above in respect of an old mining permission—

  1. (a) he may not serve any further application under the paragraph in question in respect of the same permission, and
    2. 838
  2. (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—

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

9.—(1) Subject to paragraph 3 above, section 31 of this Act (registers of applications, etc.), and any provision of regulations under this Act or 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 planning authority is not the authority required to keep the register under that section, the 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 231 and 233 of this Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(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 under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired portion of which is not less than seven years.

(2) For the purposes of section 49H of this Act and this Schedule, an application under paragraph I or 2 above is finally determined when the following conditions are met—

  1. (a) the proceedings on the application, including any proceedings on or in consequence of an application under section 233 of this Act, have been determined, and
  2. (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.".'.

189 Schedule 8, page 135, line 2, after 'both' insert '; and 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.'.

190 Page 135, line 14, leave out from 'effect' to end of line 16 and insert 'and, subject to section 93(3) of this Act, shall take effect on that date, and'.

191 Page 138, line 5, leave out 'land is damaged' and insert 'damage is caused to land or moveable property'.

192 Page 138, line 6, leave out from 'compensation' to 'from' in line 7 and insert 'may be recovered by any person suffering the damage'.

193 Page 138, line 9, at end insert '; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.'.

194 Page 139, line 40, leave out 'land is damaged' and insert 'damage is caused to land or moveable property'.

195 Page 139, line 41, leave out from 'compensation' to 'from' in line 42 and insert 'may be recovered by any person suffering the damage'.

196 Page 139, line 44, at end insert '; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.'.

197 Page 140, line 25, leave out '92A;'.

198 Schedule 10, page 144, line 14, leave out paragraph 8.

199 Page 144, line 27, leave out 'VII' and insert 'XII'.

200 Page 145, line 1, leave out 'section', and insert 'Act'.

201 Schedule 11, page 149, line 35, at end insert: '2A. In subsection (3) (a) of section 5 (preparation of structure plans), after "measures for" there is inserted "the conservation of the natural beauty and amenity of the land,". 2B. In subsection (3) (a) of section 9 (preparation of local plans), after "fit for" there is inserted "the conservation of the natural beauty and amenity of the land,".'.

202 Page 50, line 11, after 'regulations', insert 'under this Act'.

203 Page 150, leave out line 16 and insert: '4. In section 23 (publication of notices of applications— (a) in subsection (1)'.

204 Page 150, line 18, at end insert: '(b) at the end there is inserted—

"(4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5) Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence.".'.

205 Page 150, leave out lines 19 to 21.

206 Page 150, line 29, leave out 'regulations or an order' and insert 'such regulations or the order'.

207 Page 150, line 32, leave out paragraph 7 and insert: '7. For section 29 there is substituted—

"Planning permission for development already carried out.

29.—(1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) of this section applies to development carried out—

  1. (a) without planning permission;
  2. (b) in accordance with planning permission granted for a limited period; or
  3. (c) without complying with some condition subject to which planning permission was granted.

(3) Planning permission for such development may be granted so as to have effect from—

  1. (a) the date on which the development was carried out; or
  2. (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.".'.

208 Page 150, line 40, leave out 'regulations or an order' and insert 'such regulations or the order'.

209 Page 150, line 42, leave out 'by regulations or an order' and insert 'by such regulations or the order'..

210 Page 150, line 45, after '26' insert '(1) to (3A)'.

211 Page 150, line 46, leave out 'and 28A"' and insert', 28A and 29".

212 Page 151, line 9, after 'omitted' insert: '(ia) for "26(1) and (3)" there is substituted "26(1) to (3A)"; (iia) for "and 27A" there is substituted ", 27A and 29"'.

213 Page 151, line 19, leave out 'any' in both places where it occurs.

214 Page 151, line 22, at end insert: '10A. In subsection (3) (c) of section 38 (limit of duration of planning permission), for the words from "granted" to the end there is substituted "for any development carried out before the grant of planning permission".'.

215 Page 151, line 24, at end insert:

'11A. In subsection (2) of section 40 (provision as to date when development begun), after paragraph (a) there is inserted— (aa) any work of demolition of a building;".

11 B. In section 49 (orders requiring discontinuance of use etc.), for subsection (3) there is substituted— (3) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

(3A) Planning permission for such development may be granted so as to have effect from—

  1. (a) the date on which the development was carried out; or
  2. (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.".'.

216 Page 151, line 25, at end insert: '13A. In subsection (3) of section 55 (acts causing or likely to result in damage to listed buildings), for "£40" there is substituted "one-tenth of level 3 on the standard scale".'.

217 Page 151, leave out line 26.

218 Page 151, line 26, at end insert: '14A. In section 84A (power of regional planning authority to take enforcement action) in subsection (2) for the words "84 (except subsection (1," there is substituted "83A, 83B, 84 (except subsection (1, 84AA, 84AB,".'.

219 Page 151, line 28, after '(4)' insert '(i)'.

220 Page 151, line 28, after '(a)' insert 'in subsection (2B) (d) for the words from "being" to "situated" there is substituted "to such persons as may be specified"; (b)'..

221 Page 151, line 34, after 'authority;";' insert 'and (ii) in paragraph (b) for "84(5)" there is substituted "84(2)".'.

222 Page 152, line 18, at end insert: '(ca) in subsection (6), for the words from "and any planning permission" to the end there is substituted—

"(6A) The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act. (6B) Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation. (cb) in subsection (7), for "for the development to which the notice relates" there is substituted "in respect of the matters stated in the enforcement notice as constituting a breach of planning control".'.

223 Page 152, line 23, after 'activity";' insert: '(ba) in subsection (6) for the words "activities which constitute or involve the breach of planning control alleged" there is substituted "the relevant activity specified".'.

224 Page 152, line 25, after 'notices),' insert 'for the words "waste land notices" there is substituted "notices under section 63 of this Act" and'.

225 Page 152, line 29, leave out paragraph 20 and insert: '20. In section 89 (enforcement notice to have effect against subsequent development)—

  1. (a) in subsection (1), for "demolition" there is substituted "removal"; and
  2. (b) in subsections (3) and (4) for "demolished" in each place where it occurs there is substituted "removed".

20A. For section 89A there is substituted—

"Effect of planning permission, etc., on enforcement or

breach of condition notice.

89A.—(1) Where, after the service of—

  1. (a) a copy of an enforcement notice; or
  2. (b) a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2) Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3) The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.".'.

226 Page 152, line 36, leave out 'subsections (2) and (3)' and insert 'subsection (2)'.

227 Page 152, line 37, after '90A";' insert: '(aa) subsections (3) and (5) are omitted;'.

228 Page 152, line 42, at end insert: '20A. In subsection (2) of section 101 (enforcement of control as to advertisements), for "£40" there is substituted "one-tenth of level 3 on the standard scale".'.

229 Page 153, line 12, after 'section' insert '—(a)'.

230 Page 153, line 19, at end insert; and (b) in paragraph (c) the words from "or for its retention" to "granted" are omitted.'.

231 Page 153, leave out from beginning of line 32 to '(2) (a)' in line 33.

232 Page 153, line 39, after '(1) (c)' insert: '—(i) after "Part IV" there is inserted "other than sections 58 to 60"; and (ii)'. .

233 Page 153, line 43, at end insert: '(f) in subsection (6) after "other than section" where it first occurs there is inserted "163 or".'.

234 Page 154, line 11 at end insert: '(aa) at the end of the definition of "buildings and works" there is inserted "and references to the removal of buildings or works include demolition of buildings and filling in of trenches"; (ab) for the definition of "building operations" there is substituted— building operations" has the meaning given by section 19 of this Act;'.

235 Page 154, line 12, leave out 'and'.

236 Page 154, line 15, at end insert 'and (d) in the definition of "planning permission" the words from "and in construing" to the end are omitted.'.

237 Page 154, line 20, at end insert: '(1A) In paragraph 2 of that Schedule, in subparagraph (2), after "85(2)" there is inserted "to (2D)" and after "93(2)" there is inserted "and (2A)".'.

238 Page 154, line 22, at end insert: '(2A) In paragraph (3A) of that Schedule, in subparagraph (2), for "26(3) (a)" there is substituted "26(3A)".

34A. In paragraph 2 of Schedule 10 (control of works for demolition etc), in subparagraph (1)—

  1. (a) for the words "or other of those described in section 24(1) (a) to (d)" there is substituted "prescribed under section 24"; and
  2. (b) for the words "24(2) to (4) and 26(3)" there is substituted "24 and 26(3) and (3A)".'.

239 Page 155, line 7, at end insert: '(3) In subsection (5) of section 179 (reference of applications to regional planning authority), for the words "23(1) (f) and (h), 24(2B), (2C), (2D) and (4)" there is substituted "23, 24".'.

240 Page 155, line 9, leave out from beginning to 'the following' in line 10 and insert: '40. In subsection (3) of section 87 of the Local Government, Planning and Land Act 1980 (fees for planning applications), for the words "to him of a fee of the prescribed amount in respect of an" there is substituted—

  1. "(a) of fees of prescribed amounts to him and to the planning authority in respect of any application for planning permission deemed to be made under subsection (7) of section 85 (appeals against enforcement notice) of the Town and Country Planning (Scotland) Act 1972; and
  2. (b) of a fee of the prescribed amount to him in respect of any other".

40A. In Part I of Schedule 30 to that Act.'.

241 Page 155, line 11, leave out 'and 87AA' and insert ', 87AA and 260A'.

242 Schedule 13, page 166, line 33, after 'management"' insert: '(aa) in subsection (2) after "shall" there is inserted "direct the acquiring authority to", (ab) after that subsection there is inserted— (2A) Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct".'.

243 Page 166, line 39, after 'land"' insert: '(aa) in sub-paragraph (3) after "shall" there is inserted "direct the acquiring authority to", (ab) after that sub-paragraph there is inserted— (3A) Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct".'.

244 Page 168, line 16, at end insert: '21A.—(1) Section 29 of that Act is amended as follows.

(2) In subsection (1)—

  1. (a) in paragraph (ii) "passed the resolution" is omitted;
  2. (b) "and" following paragraph (iii) is omitted;
  3. (c) after paragraph (iv) there is inserted "and"; and
  4. (d) in paragraph (v) after "(e)" there is inserted "above".

(3) In subsection (3A) the words from "of the service" to "(1) (b) above" are omitted.

(4) In subsection (4)—

(a) for paragraph (b) there is substituted—

"(b) a right to occupy the dwelling—

  1. (i) as a statutory tenant within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977, or
  2. (ii) under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act", and

(b) for paragraph (e) there is substituted— (e) a right to occupy the dwelling under a licence where—

  1. (i) it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,
  2. (ii) Part IV of the Housing Act 1985 (secure tenancies) applies to the licence, or
  3. (iii) the licence is an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988."

21B. In section 32(7B) of that Act for "the person giving up possession" there is substituted "any person giving up possession or occupation".'.

245 Schedule 15, page 178, line 12, leave out 'then' and insert 'and'.

246 Page 178, line 13, at end insert: '2A. In paragraph 11 of that Schedule (purchase of open space)—

  1. (a) in sub-paragraph (2), after "shall" there is inserted "direct the acquiring authority to"; and
  2. (b) after that sub-paragraph there is inserted—
(3) Notice under sub-paragraph (2) of this paragraph shall be given in such form and manner as the Secretary of State may direct.".'.

247 Page 182, line 6, at end insert: '18A.—(1) Section 27 of that Act is amended as follows.

(2) In subsection (1)—

  1. (a) in paragraph (ii), "passed the resolution" is omitted;
  2. (b) "and" following paragraph (iii) is omitted; and
  3. (c) after paragraph (iv) there is inserted "and".

(3) In subsection (4), for paragraph (b) there is substituted—

"(b) a right to occupy the dwelling-house—

  1. (i) as a statutory tenant within the meaning of the Rent (Scotland) Act 1984; or
  2. (ii) under a contract to which Part VII of that Act applies or would apply if the contract or dwelling-house were not excluded by section 63(3) to (5) or under section 64(3) respectively of that Act; and".'.

248 Page 183, line 15, at end insert:

'Section 9 of that Act Date works ceased to be authorised'.

249 Page 183, line 17, at end insert:

'Section 31(3) of the Land Compensation Act 1961 Date of withdrawal of notice to treat'.

250 Page 184, line 32, after 'case', insert 'of loss or'.

251 Page 184, line 34, after 'the', insert 'loss or'.

252 Page 184, line 36, at end insert:

'Paragraph 8(1) of Schedule 20 to that Act Date of claim
Paragraph 8(2) or (3) of that Schedule In the case of loss or damage sustained by reason of expenditure, the date on which the loss or damage is sustained; otherwise the date of claim
Paragraph 8(4) of that Schedule Date loss is caused or damage done.'.

Page 186, line 9, at end insert:

(1) (2)
'section compensation (Scotland) act 1963 Date of withdrawal of notice to treat'

254 Schedule 17, page 188, line 25, leave out 'section 12(3) "other" and, in'.

255 Page 188, line 42, leave out 'subsection' and insert 'subsections (4) and'.

256 Page 188, line 44, leave out 'and'.

257 Page 189, line 2, at end insert 'and in paragraph (b) "and they may do so as respects any part of their area to which the proposals relate".'.

258 Page 189, leave out lines 17 and 18 and insert 'Section 63.'.

259 Page 189, line 19, at end insert:

'In section 69, in subsection (1) "made to that authority" and in subsection (3) "made to the authority".'

260 Page 189, line 29, at end insert 'In section 186(1) (c) the words from "or for its retention" to "granted".'.

261 Page 189, line 50, leave out '284(3) (g)' and insert '284, in subsection (1) (a) "repeal" (in both places) and in subsection (3) (g)'.

262 Page 189, line 53, after '285', insert 'in subsection (1) "Subject to the provisions of this section".'.

263 Page 190, leave out line 2.

264 Page 190, line 11, leave out 'and'.

265 Page 190, line 13, after 'certificate"' insert 'and "mineral compensation modifications"'.

266 Page 190, line 16, after '71)"', insert 'in the definition of "planning permission" the words from "and in construing" to the end, the definitions of "relevant order", "restriction on the winning and working of minerals" and "special consultations"'.

267 Page 190, line 20, column 3, at end insert 'In Schedule 2, in Part I paragraphs 3, 5 and 6, and in Part II paragraphs 3 to 16 and 18'.

268 Page 190, leave out lines 34 to 36 and insert: 'Schedule 11'.

269 Page 190, line 36, column 3, at end insert 'In Schedule 13, Notes (2) and (5) to paragraph 2, in Note (3) to paragraph 2 "also", in Note (1) (b) to paragraph 3 "or under section 22", in Note (2) to paragraph 3 "13(7) or", in Note (1) (b) to paragraph 4 "or under section 22" and in Note (2) to paragraph 4 "13(7) or".'.

270 Page 191, line 11, leave out 'and 35(1) (b)' and insert '35(1) (b) and 38. In Schedule 4, in paragraph I, in the Table the entry relating to section 9(4) of the 1971 Act and paragraph 2 of the Schedule, and paragraph 2 of the Schedule.'.

271 Page 191, column 3, leave out line 24.

272 Page 192, line 13, at end insert 'and'.

273 Page 192, line 33, column 3, at beginning insert 'In'.

274 Page 193, line 4, column 3, at beginning insert 'In section 5, in rule (3), "the special needs of a particular purchaser or".'.

275 Page 193, line 6, column 3, leave out 'Section 29(5)' and insert:

'In section 29, in subsection (1) "passed the resolution" in paragraph (ii) and the "and" following paragraph (iii), in subsection (3A) the words from "of the service" to "(I) (b) above" and subsection (5).'.

276 Page 193, line 9, at end insert:

'1973 c. 56. Land Compensation (Scotland) Act 1973. In Part II of Schedule 2, the entry for section 33(4) of the Land Compensation Act 1973.
1980 c. 65 Local Government, Planning and Land Act 1980 Section 114(2).'.

277 Page 193, line 11, at end insert:

'1985 c. 71. Housing (Consequential paragraph Act 1985 In Schedule 2, paragraph 24(2) (c).
1986 c. 63. Housing and Planning Act 1986. Section 9(3) (c).'.

278 Page 193, line 14, at end insert:

'1990 c. 11. Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraph 29(4).'.

279 Page 193, line 20, column, 3 leave out 'customer' and insert 'purchaser or'.

280 Page 193, line 28, column 3, leave out 'Section 27(5)' and insert:

'In section 27, in subsection (1), the words "passed the resolution" in paragraph (ii), and the word "and" following paragraph (iii); and subsection (5).'.

281Page 193, line 30, column 3, at end insert:

'In Part II of Schedule 2, the entry for section 33(4) of the Land Compensation Act 1973.'.

282 Page 194, leave out line 6.

283Page 194, line 39, at end insert:

'Section 153A.'.

284Page 194, line 53, at end insert:

'Section 159A.Section 159B.'.

285Page 194, line 54, at end insert:

'In section 166(2) (c), the words from "or for its retention" to "granted".'.

286Page 194, leave out lines 55 to 57 and insert:

'Section 167B.Section 167C.'.

287 Page 195, line 15, column 3, at end insert:

'In section 251(1A), the definition of "development consisting of the winning and working of minerals".'.

288Page 195, line 31, after 'certificate', insert: 'and'

289Page 195, line 32, leave out 'and' and insert:

'; in the definition of "planning permission" the words from "and in construing" to the end; and the definition of '.

290Page 195, line 47, at end insert:

'1980 c 65 Local Government, Planning and Land Act 1980. Section 114(2).

Baroness Blatch

My Lords, I wonder whether I dare challenge the indulgence of the House and suggest that Commons Amendments Nos. 109 to 290 are taken en bloc. If there is any objection I shall go through them individually. I beg to move that the House do agree with the Commons in their Amendments Nos. 109 to 290 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 109 to 290 en bloc.—(Baroness Blatch.)

On Question, Motion agreed to.