15 GEORGE 5, CHAPTER 17. making of a town planning scheme shall be enforceable within one month from the date thereof, or, if notice has been given by the authority under the preceding subsection, pending the decision of the Board on the varying scheme. 13. POWER OF BOARD TO REQUIRE TOWN PLANNING SCHEME. - (1) Where the Board are satisfied, after holding a public local inquiry, that a town planning scheme ought to be made by a local authority with respect to any land in regard to which a town planning scheme may be made under this Act, the Board may by order require the local authority to prepare and submit for their approval such a scheme, and, if the scheme is approved by the Board, to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively and for executing any works which under the scheme or under this Act the authority are required to execute. (2) Any order made by the Board under this section shall have the same effect as a resolution of the local authority deciding to prepare a town planning scheme with respect to the area in regard to which the order is made. (3) If the local authority fail to prepare a scheme to the satisfaction of the Board within such time as may be prescribed by the order, or to enforce the observance of the scheme or any provisions thereof effectively, or to execute any such works as aforesaid, the Board may themselves act in the place and at the expense of the local authority. 14. POWERS OF BOARD IN CASE OF DEFAULT OF LOCAL AUTHORITY TO ADOPT OR EXECUTE TOWN PLANNING SCHEME. - If the Board are satisfied on any representation, after holding a public local inquiry at which the authority concerned shall have had an opportunity of being heard (a) that a local authority have failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted or have unreasonably refused to consent to any modifications or conditions imposed by the Board with respect to any scheme prepared or adopted by the local authority; or (b) that a responsible authority have failed to enforce effectively the observance of a scheme which has been approved by the Board, or any provisions thereof, or to execute any works which under the scheme or this Act the authority are required to execute ; the Board may, with the approval of the Lord Advocate, apply by summary petition to either Division of the Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, for an order on the authority to adopt the scheme, or to consent to the modifications or conditions so imposed, or to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively, or for executing any works which under the scheme or this Act the authority are required to execute, as the case requires; and such Division or Lord Ordinary are hereby authorised and directed to do in such petition and to dispose of the expenses of the proceedings as to the said Division or Lord Ordinary shall appear to be just. 15. ACQUISITION OF LAND FOR PURPOSE OF GARDEN CITIES. - (1) Where the Board are satisfied that any local authority (including a county council) or two or more local authorities jointly, or any authorised association, are prepared to purchase and develop, in accordance with a scheme approved by the Board (a) any land as a garden city (including a garden suburb or a garden village) ; (b) any land in regard to which a town planning scheme may be made; and have funds available for the purpose, the Board may, with the consent of the Treasury and after consultation with the Board of Trade, the Board of Agriculture for Scotland, and the Minister of Transport, acquire that land on behalf of the authority or association either by compulsion or by agreement in any case in which it appears to the Board necessary or expedient so to do for the purpose of securing the development of the land as aforesaid, and may do all such things as may be necessary to vest the land so acquired in the local authority or association. (2) The provisions of this Act relating to the powers of a local authority to acquire land for the purposes of a town planning scheme shall apply for the purpose TOWN PLANNING (SCOTLAND) ACT, 1925. of the acquisition of land by the Board under this section, and the Board in exercising their powers of acquiring land under this section shall be subject to the same conditions as are applicable to the acquisition of land under this Act by a local authority: Provided that, in the case of an order for the compulsory acquisition of land on behalf of an authorised association, the order shall be laid before each House of Parliament and shall not be confirmed by the Board unless and until both Houses by resolution have approved the order, nor, if any modifications are agreed to by both Houses, otherwise than as so modified. (3) A local authority shall have power to acquire land for the purposes of a scheme approved by the Board under this section, and to develop any land so acquired in accordance with the scheme. (4) In this section "authorised association" means any society, company or body of persons approved by the Board whose objects include the promotion, formation, or management of garden cities (including garden suburbs and garden villages), and the erection, improvement or management of buildings for the working classes and others, which does not trade for profit or whose constitution forbids the issue of any share or loan capital with interest or dividend exceeding the rate for the time being prescribed by the Treasury; and any authorised association shall have power, notwithstanding anything in its rules or constitution prohibiting the payment of interest on loan capital at a rate exceeding six per centum per annum, to raise money on loan at a rate of interest not exceeding the rate for the time being prescribed by the Treasury. 16. DETERMINATION OF MATTERS BY BOARD. Where the Board are authorised by this Act or any scheme made under this Act or any enactment repealed by this Act to determine any matter, it shall, except as otherwise expressly provided by this Act, be at their option to determine the matter as arbiters or otherwise, and, if they elect or are required to determine the matter as arbiters, the provisions of the Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), respecting arbitrations by the Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted and in terms made applicable to the Board and the determination of the matters aforesaid. 17. LOCAL INQUIRIES. - (1) For the purposes of the execution of their powers and duties under this Act, the Board may cause such local inquiries to be held as they may think fit, and the expenses incurred in relation to any such local inquiry (including the remuneration of any person employed by the Board for the purpose of the inquiry) shall be paid by the authorities and persons concerned in the inquiry, or by such of them and in such proportions as the Board may direct, and the Board may certify the amount of the expenses incurred, and any sum so certified and directed by the Board to be paid by any authority or person shall be a debt to the Crown from such authority or person. (2) Except so far as inconsistent with the provisions of the preceding subsection, sections seven, eight, nine and ten of the Public Health (Scotland) Act, 1897, shall apply for the purpose of local inquiries ordered by the Board under this Act. 18. BOARD TO HAVE REGARD TO POWERS OF DEAN OF GUILD COURTS. In any proceedings under this Act the Board shall have regard to the powers and jurisdiction of the dean of guild court in burghs. 19. PROVISIONS AS TO LAND IN NEIGHBOURHOOD OF ROYAL PALACES AND PARKS. -(1) Where any land proposed to be included in a town planning scheme, or any land proposed to be acquired under this Act, is situate within the prescribed distance from any of the royal palaces or parks, the authority shall, before preparing the scheme or acquiring the land, communicate with the Commissioners of Works, and the Board shall, before confirming the scheme or authorising the acquisition of the land or the raising of any loan for the purpose, take into consideration any recommendations they may have received from the Commissioners of Works with reference to the proposal. (2) For the purposes of this section, “prescribed" means prescribed by regulations made by the Board after consultation with the Commissioners of Works. 15 GEORGE 5, CHAPTER 17. 20. LOCAL AUTHORITY AND EXPENSES. - (1) For the purposes of this Act, the local authority and the district of the local authority shall respectively be the local authority for the purposes of the Public Health (Scotland) Act, 1897, and the district of that authority. (2) Any expenses incurred by a local authority under this Act, or any scheme made under this Act or any enactment repealed by this Act, shall be defrayed by them out of the public health general assessment, but such expenses shall not be reckoned in any calculation as to the statutory limit of that assessment. (3) A local authority may borrow for the purposes of this Act, or any scheme made under this Act or any enactment repealed by this Act, including the cost of the preparation or adoption of a scheme, in the same manner and subject to the same provisions as they may borrow for the purposes of the Housing (Scotland) Act, 1925 (15 Geo. 5, с. 15). 21. REPEALS.-(1) The enactments mentioned in the Fourth Schedule to this Act are, so far as they apply to Scotland, hereby repealed to the extent specified in the third column of that Schedule: Provided that (a) nothing in this repeal shall affect any scheme, order or regulation made, or notice or approval given under any enactment hereby repealed, but any such scheme, order, regulation, or notice or approval shall have effect as if made or given under the corresponding provision of this Act, and any such scheme, order regulation or notice may be amended, varied, repealed, revoked, or enforced accordingly; (b) any document referring to any Act or enactment so repealed shall be construed as referring to this Act or the corresponding enactment in this Act. (2) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), with regard to the effect of repeals. 22. SHORT TITLE, COMMENCEMENT AND EXTENT. - (1) This Act may be cited as the Town Planning (Scotland) Act, 1925. (2) This Act shall come into operation on the first day of July, nineteen hundred and twenty-five. (3) This Act shall extend to Scotland only. SCHEDULES. FIRST SCHEDULE (s. 5). MATTERS TO BE DEALT WITH BY GENERAL PROVISIONS PRESCRIBED BY THE BOARD. 1. Streets, roads, and other ways, and stopping up, or diversion of existing highways. 2. Buildings, structures, and erections. 3. Open spaces, private and public. 4. The preservation of objects of historical interest or natural beauty. 5. Sewerage, drainage, and sewage disposal. 6. Lighting. 7. Water supply. 8. Ancillary or consequential works. 9. Extinction or variation of private rights of way and other servitudes. 10. Dealing with or disposal of land acquired by the responsible authority or by a local authority. 11. Power of entry and inspection. TOWN PLANNING (SCOTLAND) ACT, 1925. 12. Power of the responsible authority to remove, alter or demolish any obstructive work. 13. Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another. 14. Power of the responsible authority or a local authority to accept any money or property for the furtherance of the objects of any town planning scheme, and provision for regulating the administration of any such money or property. 15. Application with the necessary modifications and adaptations of statutory enactments. 16. Carrying out and supplementing the provisions of this Act for enforcing schemes. 17. Limitation of time for operation of scheme. 18. Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested. 19. Charging on the fee of any land the value of which is increased by the operation of a town planning scheme the sum required to be paid in respect of that increase, and for that purpose applying, with the necessary adaptations the provisions of any enactments dealing with charges for improvements of land. SECOND SCHEDULE (s. 6). MATTERS TO BE DEALT WITH BY REGULATIONS OF THE BOARD. 1. Procedure anterior to the preparation or adoption of a scheme : (a) Preparation and deposit of plans. (b) Publication of notices. 2. Procedure during, on, and after the preparation or adoption and before the approval of the scheme : (a) Submission to the Board of the proposed scheme, with plans and estimates. (b) Notice of submission of proposed scheme to the Board. (c) Hearing of objections and representations by persons affected, including persons representing architectural or archæological societies or otherwise interested in the amenity of the proposed scheme. (d) Publication of notice of intention to approve scheme and the lodging of objections thereto. 3. Procedure after the approval of the scheme : (a) Notice to be given of approval of scheme. (b) Inquiries and reports as to the beginning and the progress and completion of works, and other action under the scheme. 4. Duty, at any stage, of the local authority to publish or deposit for inspection any scheme or proposed scheme, and the plans relating thereto, and to give information to persons affected with reference to any such scheme or proposed scheme. 5. The details to be specified in plans, including wherever the circumstances so require, the restrictions on the number of buildings which may be erected on each acre, and the height and character of those buildings. THIRD SCHEDULE (s. 8). PART I. PROVISIONS AS TO COMPULSORY ACQUISITION OF LAND. 1. Where a local authority propose to purchase land compulsorily the local authority may submit to the Board an order putting in force as respects the land specified in the order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement. 2. An order under this Schedule shall be of no force unless and until it is confirmed 15 GEORGE 5, CHAPTER 17. by the Board, and the Board may confirm the order either without modification or subject to such modifications as they think fit, and an order when so confirmed shall, save as otherwise expressly provided by this Schedule, become final and have effect as if enacted in this Act; and the confirmation by the Board shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made and is within the powers of this Act. 3. The order shall be in the form prescribed by the Board, and shall contain such provisions as the Board may prescribe for the purpose of carrying the order into effect, and of protecting the local authority and the persons interested in the land, and shall incorporate, subject to the necessary adaptations (a) the Lands Clauses Acts (except section one hundred and twenty of the Land Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 17), as modified by the Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57); and (b) sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 33). 4. The order shall be published by the local authority in the manner prescribed by the Board, and such notice shall be given both in the locality in which the land is proposed to be acquired, and to the owners, lessees and occupiers of that land as may be prescribed by the Board. 5. If within such period as may be prescribed by the Board no objection to the order has been presented to the Board by a person interested in the land, or if every such objection has been withdrawn, the Board shall, without further inquiry, confirm the order, unless they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired, but, if such an objection has been presented and has not been withdrawn, the Board shall forthwith cause a public inquiry to be held in the locality in which the land is proposed to be acquired, and the local authority and all persons interested in the land and such other persons as the person holding the inquiry in his discretion thinks fit to allow shall be permitted to appear and be heard at the inquiry, and the Board shall, before confirming the order, duly consider the report of the person by whom the public inquiry is held. 6. In construing for the purposes of this Schedule or any order made thereunder any enactment incorporated with the order, this Act together with the order shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking. 7. The reference to sections seventy-one to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845, shall be construed as a reference to those sections as originally enacted and not as a reference to the provisions which by virtue of the Mines (Working Facilities and Support) Act, 1923 (13 & 14 Geo. 5, c. 20), are in certain cases to be substituted for those sections. PART II. RESTRICTIONS ON ACQUISITION OF LAND. 1. Nothing in this Act shall authorise the acquisition for the purposes of any town planning scheme of any land which is the site of an ancient monument or other object of archæological interest. 2. Nothing in this Act shall authorise the compulsory acquisition of any land which is the property of any local authority, or has been acquired by any corporation or company for the purposes of a railway, dock, canal, water or other public undertaking, or which, at the date of the order authorising the compulsory acquisition of the land, forms part of any park, garden or pleasure ground, or is otherwise required for the amenity or convenience of any house. 3.--(1) Where any scheme or order under this Act authorises the acquisition or appropriation of any land forming part of any common or open space, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parlia |