Planning and Compulsory Purchase (Re-committed) Bill – in a Public Bill Committee at 10:30 am on 16 October 2003.
'(1) In the Town and Country Planning (Scotland) Act 1997 (c.8), section 245 (exercise of powers in relation to Crown land) is omitted.
(2) After section 245 there is inserted the following section—
''245A Enforcement in relation to the Crown
(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).''.
(3) In the Town and Country Planning (Scotland) Act 1997 (c.8), after section 245A (inserted by subsection (2) above) there is inserted the following section—
''245B References to an interest in land
(1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.''.
(4) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9) after section 73D (inserted by Schedule (Crown application: Scotland)) there are inserted the following sections—
''73E Enforcement in relation to the Crown
(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).
73F Reference to an interest in land
(1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.''.
(5) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section (Crown application of Scottish planning Acts)(3)) there are inserted the following sections—
''30B Enforcement in relation to the Crown
(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).
30C Reference to an interest in land
(1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.''.'—[Yvette Cooper.]
Brought up, read the First and Second time, and added to the Bill.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
