Mineral Development Charge Set-Off (Scotland) Regulations, 1951

JurisdictionUK Non-devolved
CitationSI 1951/2170

1951 No. 2170 (S. 104)

The Mineral Development Charge Set-Off (Scotland) Regulations, 1951

1stOctober 1951

4thDecember 1951*

Arrangement of Regulations

1. Citation.

2. Interpretation.

3. Application of regulations.

4. Exclusion of regulations in certain cases.

5. Crown minerals.

6. Apportionment of development values.

7. Retention of Part V payments.

8. Set-off against development charge.

9. Refusal of planning permission for mineral development.

10. Revocation and modification of planning permission for mineral development.

11. Compulsory purchase.

12. Minerals proposed to be left unworked.

13. Amount payable under Regulations 9 to 12.

14. Disclaimer of payment on first refusal of permission.

15. Disclaimer in case of several interests.

16. Payment of balance after 20 years from date of satisfaction.

17. Time for satisfaction of Part V payments.

18. Effects of satisfaction of Part V payments, etc.

19. Payments in respect of planning conditions.

20. Determination of questions.

21. Assignation of Part V payments.

22. Application of s. 30 of the Mineral Workings Act, 1951.

23. Notices.

SCHEDULE:

Mineral Workings Act, 1951, s. 30, as modified.

In exercise of the powers conferred on me by section 78 of the Town and Country Planning (Scotland) Act, 1947(a), and sections 29 and 30 of the Mineral Workings Act, 1951(b), and of all other powers enabling me in that

* Being the date on which the Regulations were approved by resolution of the House of Lords in accordance with the provisions of section 78(5) of the Town and Country Planning (Scotland) Act, 1947, they having previously (3rd December, 1951) been approved by the House of Commons in accordance with the provisions of that section.

(a) 10 & 11 Geo. 6. c. 53.

(b) 14 & 15 Geo. 6. c. 60.

behalf, I hereby with the consent of the Treasury make the following Regulations:—

Citation

1. These regulations may be cited as the Mineral Development Charge Set-Off (Scotland) Regulations, 1951.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them:—

"the Act" means the Town and Country Planning (Scotland) Act, 1947;

"the appointed day" means the day appointed by the Secretary of State to be the appointed day for the purposes of the Act, that is to say the 1st day of July, 1948;

"the Board" means the Central Land Board;

"date of satisfaction" means the date fixed under section 62 of the Act for the issue of stock in satisfaction of Part V payments;

"development" in relation to minerals means development consisting of the winning and working of the minerals whether by surface or underground workings, the erection, enlargement, improvement, alteration and use of buildings, plant and machinery for the winning and working of the minerals and the carrying out of works for filling excavations made in the winning and working of the minerals, but does not include any such development as is mentioned in paragraphs 3 and 4 of Part II of the Third Schedule to the Act or the erection, enlargement, improvement, alteration or use of buildings, plant or machinery for the processing of minerals;

"development value" in relation to an interest means the development value as ascertained under the Act for the purposes of the scheme to be made under section 55 of the Act, or (in a case to which Regulation 6 of these regulations applies) such part of that value as may be determined under that Regulation to be attributable to the prospects of development of minerals to which these regulations apply;

"express planning permission" means planning permission other than permission granted by an order under section 11 of the Act;

"interest" means an interest in land being the interest of the superior, or of the creditor in a ground annual, or of the person who is the proprietor of the dominium utile, or in the case of land other than feudal land, is the owner of the land, or of the lessee under a lease, and includes a right to win or work minerals under a mining lease as defined by the Act;

"Lands Tribunal" means the Lands Tribunal for Scotland:

Provided that until sections 1 to 3 of the Lands Tribunal Act, 1949(a), come into force as regards Scotland, for any reference in these regulations to the Lands Tribunal there shall be substituted a reference to an official arbiter appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919(b), and sections 3, 5 and 6 of that Act shall apply, subject to any necessary modifications, in relation to the determination of any question under these regulations by an arbiter so appointed.

(a) 12, 13 & 14 Geo. 6. c. 42.

(b) 9 & 10 Geo. 5. c. 57.

"owner" in relation to an interest has the same meaning as in the Act, and includes a person who is treated under section 87 of the Act as the owner; and "own" shall be construed accordingly;

"Part V payment" in relation to a relevant interest means the payment falling to be made in respect of that interest under the scheme to be made under section 55 of the Act, or (in a case to which Regulation 6 of these regulations applies) such part of that payment as is equal to the development value of that interest as defined for the purposes of these regulations;

"planning permission" includes permission which is deemed to be granted by virtue of section 74 of the Act, and such permission shall be deemed for the purposes of these regulations to have been granted on the appointed day;

"relevant interest" in relation to minerals means an interest in land consisting of or comprising those minerals being an interest in respect of which a claim for a Part V payment has been or is treated as having been duly made in accordance with the Act, and in the case of which either the conditions specified in paragraphs (a) and (b) of subsection (1) of section 60 of the Act (which makes provision for the exclusion of small claims for such payments), or those specified in paragraphs (b) to (d) of Regulation 4 of the Town and Country Planning (Minerals) (Scotland) Regulations, 1949(a) (which amends the said section 60 in the case of certain mineral claims), are complied with;

"ton" and" tonnage royalty" have the same meaning as in the Mineral Workings Act, 1951.

(2) Any question whether development consisting of the erection, enlargement, improvement, alteration or use of any buildings, plant or machinery, or of buildings, plant or machinery of any class, constitutes in relation to any minerals development within the meaning attributed to that expression in paragraph (1) of this Regulation shall be determined by the Board, whose decision shall (notwithstanding any other provision of these regulations) be final.

(3) For the purposes of any provision of these regulations enabling or requiring any action to be taken in consequence of the grant or refusal of planning permission—

(a) the decision of a local planning authority on an application for such permission shall be disregarded until the expiration of one month from the receipt by the applicant of notice of the decision of the authority and, if within that period, or before any such action as aforesaid has been taken, notice of an appeal to the Secretary of State is given under section 14 of the Act, until the appeal is disposed of or abandoned;

(b) where such an appeal is brought in pursuance of a notice given as aforesaid, and is not abandoned, the decision of the local planning authority shall be disregarded so far as it is reversed or varied on the appeal, and shall, so far as not so reversed or varied, be deemed to have been given at the time when the appeal is disposed of.

(4) In relation to any development of minerals to which these regulations apply which is carried out when no planning permission for the development is in force, these regulations shall have effect as if such permission were in force.

(5) References in these regulations to the compulsory acquisition of an interest shall be construed as including references to the acquisition of an

(a) S.I. 1949 (No. 2015) I, p. 4069.

interest by agreement by any authority or person who, under any enactment, have authority or could be authorised to acquire the interest compulsorily by means of a notice to treat; and in relation to any such acquisition references to notice to treat and to the service of notice to treat shall be construed as references to a contract and to the making of a contract.

(6) In relation to any period before the making of a scheme under section 55 of the Act, references in these regulations to the person entitled to receive a Part V payment shall be construed as references to the person in whom that right would for the time being be vested under section 61 of the Act if that scheme were in force and contained provisions applying section 29 of the War Damage Act, 1943(a) (which relates to the rights of beneficiaries under testamentary dispositions to value payments)—

(a) as if for references to an interest, to land which sustains war damage and to a value payment there were substituted respectively references to a relevant interest, to minerals to which these regulations apply and to a Part V payment; and

(b) as if for the reference to the material time there were substituted a reference to the appointed day,

but contained no other provision for regulating the diversion or devolution of payments thereunder.

(7) Any reference in these regulations to any enactment or regulation shall be construed, unless the context otherwise requires, as a reference to that enactment or regulation as amended by or under any subsequent enactment or regulation and, in the case of an enactment contained in the Act which is for the time being modified by regulations made under section 78 of the Act, as a reference to that enactment as so modified.

(8) The Interpretation Act, 1889(b), shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

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