Town and Country Planning (Control of Advertisements) (Scotland) Regulations, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/195 |
| Year | 1961 |
1961 No. 195 (S. 8)
TOWN AND COUNTRY PLANNING, SCOTLAND
The Town and Country Planning (Control of Advertisements) (Scotland) Regulations, 196127thJanuary 1961
7thFebruary 1961
21stFebruary 1961
ARRANGEMENT OF REGULATIONS
PART I
Title, interpretation and extent and application
1. Citation and operation.
2. Interpretation and revocation.
3. Extent and application.
PART II
General provisions
4. Control of advertisements to be exercised in the interests of amenity and public safety.
5. Consent required for the display of advertisements.
6. The standard conditions.
7. Existing advertisements.
8. Power to require application to be made for express consent.
9. Liability to fine for contravention of the Regulations.
PART III
Areas of special control
10. Definition of areas of special control.
11. Display of advertisements in areas of special control.
PART IV
Advertisements the display of which may be undertaken without express consent
12. The specified classes.
13. Power to exclude application of Regulation 12.
14. Election notices, statutory advertisements and traffic signs.
PART V
Applications for express consent
15. How to apply.
16. Duty to consult with respect to an application.
17. Power of local planning authority to deal with application.
18. Consent to be limited.
19. Notification of local planning authority's decision.
20. Appeals to the Secretary of State.
PART VI
Provisions as to revocation and modification of consent
21. Revocation and modification of consent.
22. Supplementary provisions as to revocation and modification.
PART VII
Provisions as to enforcement
23. Enforcement of advertisement control.
24. Supplementary provisions as to enforcement.
PART VIII
Special cases
25. Display of advertisements by local planning authorities.
26. Advertisements relating to travelling circuses and fairs.
27. Control of advertisements displayed within buildings.
PART IX
Miscellaneous
28. Powers of Secretary of State.
29. Extension of time.
30. How to claim compensation in respect of expenses under section 30 (2) of the Act.
31. Register of applications.
32. Directions and notices.
33. Provisions of the Act applied.
34. Other statutory obligations unaffected.
FIRST SCHEDULE
THE STANDARD CONDITIONS
SECOND SCHEDULE
PROCEDURE FOR DEFINING AREAS OF SPECIAL CONTROL
THIRD SCHEDULE
FORMS OF NOTICES
FOURTH SCHEDULE
APPLICATION OF CERTAIN PROVISIONS OF PART II OF THE ACT
FIFTH SCHEDULE
APPLICATION OF CERTAIN PROVISIONS OF THE WATER (SCOTLAND) ACT 1946
In exercise of the powers conferred upon me by section 29 subsections (2) and (3) of section 30 and section 107 of the Town and Country Planning (Scotland) Act, 1947(a), and of all other powers enabling me in that behalf, I hereby make the following Regulations:—
PART I
Title, interpretation and extent and application
Citation and operation
1. These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Scotland) Regulations, 1961, and shall come into operation on the 21st day of February, 1961.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereinafter respectively assigned to them, namely:—
"the Act" means the Town and Country Planning (Scotland) Act, 1947;
"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction (excluding any such thing employed wholly as a memorial or as a railway signal), and without prejudice to the foregoing provision includes any hoarding or similar structure used or adapted for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
"existing advertisement" has the meaning assigned to it in Regulation 7 of these Regulations;
"illuminated advertisement" means an advertisement which is designed, or adapted, to be illuminated by artificial lighting, directly or by reflection, and which is so illuminated for the purposes of advertisement, announcement or direction at any time after the date on which these Regulations come into operation;
"area of special control" means an area defined under Regulation 10 of these Regulations as an area of special control in respect of the display of advertisements;
"building" includes any structure or erection and any part of a building as so defined;
"business premises" has the meaning assigned to it in paragraph (3) of Regulation 12 of these Regulations;
"enactment" includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;
"land" includes land covered with water, and any building;
"site" in relation to an advertisement means any land, or any building other than an advertisement as herein defined, on which an advertisement is displayed;
"specified classes" means the classes of advertisements specified in Regulation 12 of these Regulations;
"standard conditions" means the standard conditions set out in the First Schedule to these Regulations;
"statutory undertakers" means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of electricity, gas, hydraulic power or water, and "statutory undertaking" shall be construed accordingly, and, in relation to the display of advertisements of Class I specified in Regulation 12 of these Regulations, shall be deemed to include any undertaking carried on by the National Coal Board for the winning or supply of coal.
(2) Reference in these Regulations to the person displaying an advertisement shall be construed as reference to the person who himself, or by his servant or agent, undertakes or maintains the display of such advertisement, and, unless the context otherwise requires, shall be deemed to include—
(a) the owner and occupier of the land on which the advertisement is displayed; and
(b) any person to whose goods, trade, business or other concerns publicity is given by the advertisement.
(3) The Interpretation Act, 1889(a), shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
(4) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations, 1948(b), as amended(c), are hereby revoked, without prejudice, however, to the validity of anything done thereunder before the date of the coming into operation of these Regulations; and any order, claim or application made, consent granted, direction given or notice served before the said date, shall, if in force immediately before that date, continue in force and have effect as if made, granted, given or served, under the corresponding provision of these Regulations.
Extent and application
3.—(1) These Regulations shall apply to the display on land in Scotland of all advertisements, except any advertisement—
(a) displayed on enclosed land, and not readily visible from land outside the enclosure wherein it is displayed or from any part of such enclosure over which there is a public right of way or to which there is public right of access;
(b) displayed within a building, subject, however, to the provisions of Regulation 27 of these Regulations;
(c) displayed on or in a vehicle;
(d) incorporated in, and forming part of, the fabric of a building, other than a building used principally for the display of such advertisements or a hoarding or similar structure.
(2) For the purposes of this Regulation—
(a) the expression "enclosed land" means land which is wholly or for the most part enclosed within a hedge, fence, wall or similar screen or structure, and shall be deemed to include any railway station together with the yards and forecourt thereof, whether enclosed or not; but shall not include any public park, public garden or other
(a) 52 & 53 Vict. c. 63.
(b) S.I. 1948/1779 (Rev. XXII, p. 900: 1948 I, p. 4258).
(c) The relevant amending Regulations are S.I. 1949/2016, 1951/1229 (1949 I, p. 4057; 1951 II, p. 847).
land held for the use or enjoyment of the public, or (save as herein-before specified) any part of a railway undertaking's enclosed land normally used for the carriage of passengers by rail;
(b) "vehicle" means a vehicle normally employed as a moving vehicle on any highway or railway, or a vessel normally employed as a moving vessel on any inland waterway;
(c) no advertisement shall be deemed to be displayed within a building unless there is access to the advertisement from inside the building;
(d) no advertisement shall be deemed to form part of the fabric of a building by reason only of being affixed to, or painted on, the building.
PART II
General Provisions
Control of advertisements to be exercised in the interests of amenity and public safety
4.—(1) The powers conferred by these Regulations with respect to the grant or refusal of consent for the display of advertisements, and to the revocation or modification of such consent, shall be exercisable only in the interests of amenity and public safety.
(2) When exercising such powers a local planning authority
(a) shall, in the interests of amenity, determine the suitability of the use of a site for the display of advertisements in the light of the general characteristics of the locality, including the presence therein of any feature of architectural, historic, cultural or similar interest; and when assessing the general characteristics of a locality the authority may disregard any advertisements therein being displayed;
(b) shall, in the interests of public safety, have regard to the safety of persons who may use any road, railway, waterway (including any coastal waters), dock, harbour or airfield...
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