Paragraph 17

England, Wales and Scotland

(1)

This paragraph applies if—

(a)

before the appointed day, notice of any proposed development has been given to a planning authority in accordance with arrangements relating to development by government departments; and

(b)

the development relates to land which, at the time the notice was given, was functional health service land; and

(c)

the proposed development has not been carried out before the appointed day.

(2)

So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of F1the Town and Country Planning (Scotland) Act 1997—

(a)

the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

(b)

so long as the interest of the Secretary of State in the land referred to in sub-paragraph (1)(b) above continues on and after the appointed day to be held in fact by the Secretary of State or an NHS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

(3)

Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning (Scotland) Act 1997.

Annotations

Textual amendments

F1: Words in Sch. 8 para. 17(2)(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 46(2)

Notes on Schedule 8

Commencement

I1: Sch. 8 wholly in force at 1.4.1991 see s. 67(2) and S.I. 1990/1329, art. 2(8), Sch. 3.