Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

BUILDINGS RESTRICTIONS (WAR-TIME CONTRAVENTIONS) ACT 1946

UK Public General Acts

Version 27/05/1997

1946 CHAPTER 35 9 and 10 Geo 6

Default Geographical Extent: N.I.


  • Version 27/05/1997
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/02/1991

Introductory Text

Buildings Restrictions (War-Time Contraventions) Act 1946

1946 CHAPTER 35 9 and 10 Geo 6

An Act to make provision as respects works on land carried out during the war period, and uses of land begun during that period, which do not comply with building laws or planning control.

[26th March 1946] F1

Annotations:

Amendments (Textual)

F1 Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II

Act repealed (S.)(27.5.1997) by 1997 c. 11, s. 3, Sch. 1 Pt. II (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C1 The whole Act as it relates to building laws repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII


1 Enforcement after end of war period of building laws and planning control. (E+W+S+N.I.)

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) Where during the war period works on land not complying . . . F3 with planning control have been carried out, or a use of land not complying with planning control has been begun, by or on behalf of the Crown, and at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the . . . F3 planning control, . . . F3 shall, so long as such a permanent or long-term interest subsists in the land, be enforceable in respect of the said works or use of land notwithstanding that the works were carried out or the land used by or on behalf of the Crown and notwithstanding the subsistence in the land of any interest held by or on behalf of the Crown in reversion (whether immediate or not) expectant on the termination of the said permanent or long-term interest.

(3) In this section the expression “permanent or long-term interest” means in relation to any land the fee simple therein, a tenancy thereof granted for a term of more than ten years and not subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of ten years from the beginning of the term, or a tenancy granted for a term of ten years or less with a right of renewal which would enable the tenant to prolong the term there of beyond ten years.

(4) For the purposes of this section, the question whether at any time a tenancy is or was subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of ten years from the beginning of the term shall, if—

(a) whether by virtue of the M1 Validation of War-Time Leases Act 1944, or otherwise the tenancy is or was subject to a right of the landlord to determine the tenancy at or before the expiration of any period from the happening of any such event as is mentioned in subsection (2) of section one of the said Act of 1944, and
(b) the event in question has or had not happened at the said time,
be determined as if the event had happened immediately before the said time.
(5) In this section the expression “tenancy” includes a tenancy under an under-lease and a tenancy under an agreement for a lease or under-lease, but does not include an option to take a tenancy and does not include a mortgage.

Annotations:

Amendments (Textual)

F2 S. 1(1) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F3 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Marginal Citations

M1 1944 c. 34.


2 Power to sanction war-time non-compliance with planning control. (E+W+S+N.I.)

(1) At any time before the expiration of five years from the end of the war period, a person entitled to make an application under this subsection with respect to any land may apply to an authority responsible for enforcing any . . . F4 planning control for a determination under this section with respect to works on the land carried out, or a use of the land begun, during the war period.

(2) Upon an application being made to them under the last foregoing subsection, the authority shall determine whether the works or use fail to comply with any . . . F4 planning control which they are responsible for enforcing, and if so shall specify the . . . F4 control in question.

(3) Where the authority determine that works or a use fail to comply as aforesaid they shall further determine whether having regard to all relevant circumstances the works or use shall, notwithstanding the failure, be deemed so to comply, either unconditionally or subject to such conditions as to the time for which the works or use may be continued, the carrying out of alterations, or other matters, as the authority think expedient.

(4) An application under subsection (1) of this section may be made with respect to any land by the owner or occupier thereof, or by any person who proves that he has or intends to acquire an interest in the land which will be affected by a determination given on such an application or that he has borne any of the cost of carrying out works on the land during the war period.

(5) In the case of land owned or occupied by or on behalf of the Crown, or leased to, or to a person acting on behalf of, the Crown, or land with respect to which it is proved that there is held, or intended to be acquired, by or on behalf of the Crown an interest in the land which will be affected as aforesaid or that any of such cost as aforesaid has been borne by the Crown, an application under subsection (1) of this section may be made by any person acting on behalf of the Crown.

(6) An application under subsection (1) of this section shall be accompanied by such plans and other information as are necessary to enable the application to be determined.

(7) The authority to whom an application under subsection (1) of this section is made shall within fourteen days from the receipt of the application publish notice thereof in one or more local newspapers circulating in the area in which the land is situated and serve notice thereof on any person appearing to the authority to be specially affected by the application, and shall take into consideration any representations made to them in connection with the application within fourteen days from the publication of the notice; and if within two months from the last day on which such representations may be made the authority have failed to determine the application, the applicant may serve notice on the authority that he appeals to [F5 the Secretary of State] , and thereupon the authority shall be deemed to have refused to entertain the application.

(8) Where the applicant is aggrieved by a determination given by an authority under this section or by the refusal of an authority to entertain an application made thereunder, or where a person by whom representations have been made as mentioned in the last foregoing subsection is aggrieved by such a determination, he may within the period of twenty-eight days after he has notice of the determination or refusal, or such extended period as [F5 the Secretary of State] may allow, appeal to [F5 the Secretary of State] , and [F5 the Secretary of State] may give, in substitution for the determination, if any, given by the authority, such determination as appears to him to be proper having regard to all relevant circumstances, or, if he is satisfied that the applicant was not a person entitled to make the application, may decide that the application is not to be entertained:

Provided that at any stage of the proceedings on such an appeal to him [F5 the Secretary of State] may, and shall if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in connection with the appeal.
(9) Subject as hereinafter provided and to any determination or decision of [F5 the Secretary of State] on an appeal under the last foregoing subsection, any determination given by an authority under this section and any refusal of an authority to entertain an application for such a determination shall be final, and any such determination or decision of [F5 the Secretary of State] shall be final:

Provided that where a determination has been given under subsection (3) of this section that works on land or a use of land shall not be deemed to comply with a . . . F4 planning control or shall be deemed to comply therewith subject to conditions, then if a person entitled to make an application under subsection (1) of this section with respect to the land satisfies the authority or on appeal [F5 the Secretary of State] that there has been a material change of circumstances since the previous application was determined, he may make a subsequent application under the said subsection (1) and on such an application the authority or on appeal [F5 the Secretary of State] may substitute for the determination such determination under subsection (3) of this section as appears proper having regard to all relevant circumstances.
(10) If it appears to [F6 the Secretary of State] that it is expedient, having regard to considerations affecting the public interest, whether generally or in the locality concerned, that any application under subsection (1) of this section to an authority responsible for enforcing planning control, or any class or description of such applications, should instead of being determined by the authority be referred to [F5 the Secretary of State] for decision, [F6 the Secretary of State] may give directions to the authority requiring that application, or applications of that class or description, to be so referred, and this section shall apply to any such reference as if it were an appeal under subsection (8) of this section from a refusal of the authority to entertain the application.

(11) [F6 The Secretary of State] may give directions to any authority responsible for enforcing planning control requiring them to furnish him with such information with respect to applications under subsection (1) of this section received by them as he considers necessary or expedient in connection with the exercise of his functions under this section.

(12) On any application or appeal under this section the applicant, or in the case of an application referred to [F5 the Secretary of State] for decision or in the case of an appeal to [F5 the Secretary of State] the applicant or the authority responsible for enforcing the . . . F4 planning control in question, may require the authority or [F5 the Secretary of State] by whom the application or appeal is to be determined to afford him or them an opportunity before the application or appeal is determined of appearing before and being heard by a person appointed by the authority or [F5 the Secretary of State] for the purpose.

Annotations:

Amendments (Textual)

F4 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F5 Reference to the Secretary of State substituted for references to the Minister of Health by virtue of S.I. 1951/142 (1951 I, p. 1348) arts. 3(1), 5(2), Sch. Pt. I, 1951/1900 (1951 I, p. 1347), 1965/319, arts. 2(1), 10(1)(a), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)

F6 Reference to the Secretary of State substituted for references to the Minister of Town and Country Planning by virtue of S.I. 1951/142 (1951 I, p. 1348), art. 2, 1951/1900 (1951 I, p. 1347), 1965/319, arts. 2(1), 10(1)(a), Sch. Pt. I and 1970/1681, arts. 2(1), 6(3)

Modifications etc. (not altering text)

C2 S. 2 amended (E.W. except Greater London) by Local Government Act 1972 (c. 70), Sch. 16 para. 54


3 Supplementary provisions as to enforcement. (E+W+S+N.I.)

(1) Where during the period of five years beginning with the end of the war period any person proposes to take steps for enforcing a . . . F7 planning control in the case of works on land not complying with the . . . F7 control in question carried out during the war period, or a use of land not complying with the planning control in question begun during that period, then—

(a) unless an application under the last foregoing section in relation to the land has been made which has not been finally determined, he shall serve on every owner and occupier of the land not less than twenty-eight days’ notice of the proposal, and if within the said period of twenty-eight days any person makes an application under the last foregoing section in relation to the land and within seven days of the making thereof serves on the person proposing to take steps as aforesaid notice that the application has been made, no steps for enforcing the . . . F7 control shall be taken until the final determination of the application;
(b) if such an application has been made which has not been finally determined, no such steps shall be taken until the final determination thereof:
Provided that no notice shall be required under paragraph (a) of this subsection if steps for enforcing a . . . F7 planning control in the case of any works on land are begun within twenty-eight days of the final determination of an application under the last foregoing section in relation to the land.
(2) —(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(7) For the purposes of this section, an application shall be treated as having been finally determined notwithstanding that under the proviso to subsection (9) of the last foregoing section a subsequent application may be made under subsection (1) thereof.

Annotations:

Amendments (Textual)

F7 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F8 S. 3(2)–(6) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII


4 Limitation of time for enforcement, as respects war period, of building laws and planning control. (E+W+S+N.I.)

(1) Where any works on land carried out, or use of land begun, during the war period remain or continues after the expiration of five years from the end of that period, and no determination has been given under this Act whether the works or use fail to comply with any . . . F9 planning control, the works or use shall by virtue of this section be treated for all purposes as complying therewith unless steps for enforcing the . . . F9 control have been begun before the expiration of the said five years.

[F10 (2) Where works on land not complying with planning control have been carried out at any time during the war period and before the commencement of the [F11 M2 Planning (Interim Development) Act (Northern Ireland) 1944] , or a use of land not complying with planning control has been begun at any such time, and the land is in an area with respect to which a resolution to prepare or adopt a scheme under the [F11 M3 Planning and Housing Act (Northern Ireland) 1931] was in force at the time when the works were carried out or the use was begun, then if the authority responsible for enforcing planning control are satisfied, at any time before the expiration of five years from the end of the war period while such a resolution is in force with respect to the area and the works remain on the land or the use of the land continues, that it is necessary or expedient to exercise the powers conferred by this subsection having regard to the provisions then proposed to be included in the scheme, the said authority may by notice served on every owner and occupier of the land direct that subsection (1) of this section shall not, so far as concerns planning control, have effect in relation to the works or use of land.]

Annotations:

Amendments (Textual)

F9 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F10 S. 4(2) repealed by (E.W.) Town and Country Planning Act 1947 (c. 51), Sch. 9 Pt. II and (S.) Town and Country Planning (Scotland) Act 1947 (c. 53), Sch. 9 Pt. II

F11 Words substituted by s. 9(4) of this Act

Marginal Citations

M2 1944 c. 3 (N.I.)

M3 1931 c. 12 (N.I.)


5 Power of entry. (E+W+S+N.I.)

(1) During the period of five years beginning with the end of the war period, any officer of an authority responsible for enforcing a . . . F12 planning control shall, on producing, if so required, some duly authenticated document showing his authority to act for the purposes of this section, have a right, subject to the provisions of this section, to enter any premises at all reasonable hours—

(a) for the purpose of ascertaining whether there are on the premises any works carried out during the war period which do not comply . . . F12 with planning control, or whether a use of the premises continues which was begun during that period and does not comply therewith;
(b) where an application has been made to the authority under section two of this Act, for the purpose of obtaining any information required by the authority for the exercise of their functions under that section in relation to the application:
Provided that admission to any premises which are occupied shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been served on the occupier.
(2) Any person who wilfully obstructs any officer of an authority acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding [F13 level 1 on the standard scale]

(3) If any person who in compliance with the provisions of this section is admitted into a factory, workshop or workplace, discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable on summary conviction to a fine not exceeding [F14 level 3 on the standard scale] or to imprisonment for a term not exceeding three months.

Annotations:

Amendments (Textual)

F12 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F13 Words substituted by virtue of (N.I.) 1984/703 (N.I. 3), arts. 5, 6, (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F14 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by 1984/703 (N.I. 3), arts. 5, 6


6 Service of notices. (E+W+S+N.I.)

(1) Any notice or other document required or authorised to be served under this Act may be served on any person either by delivering it to him, or by leaving it at his proper address, or by post.

(2) Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.

(3) For the purposes of this section and of [F15 section 7 of the M4 Interpretation Act 1978] , the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary or clerk of any incorporated company or body be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served.

(4) If it is not practicable after reasonable enquiry to ascertain the name or address of an owner or occupier of land on whom any such document as aforesaid is to be served, the document may be served by addressing it to him by the description of “owner” or “occupier” of the premises (describing them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Annotations:

Amendments (Textual)

F15 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M4 1978 c. 30.


7 Interpretation. (E+W+S+N.I.)

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that it to say— [F16 “authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section seventy-five of the M5 Town and Country Planning Act 1947 [F17 or of [F18 paragraph 34 of Schedule 24 to the M6 Town and Country Planning Act 1971] ] to serve an enforcement notice in respect thereof . . . F19 or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 “owner” has the same meaning as in [F21 the M7 Housing Act 1957,] and “owned” shall be construed accordingly; [F22 “war period” means the period extending from the 3rd September 1939 to the 26th March 1946.] “works” includes any building, structure, excavation or other work on land.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(3) References in this Act to non-compliance with planning control mean—

(a) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the M8 Town and Country Planning Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order;
(b) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme;
and references in this Act to compliance with planning control shall be construed accordingly.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(5) References in this Act to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by [F24 section seventy-five of the M9 Town and Country Planning Act 1947] [F25 or by [F18 paragraph 34 of Schedule 24 to the M10 Town and Country Planning Act 1971] ]

(6) In calculating for any of the purposes of this Act the period of five years from the end of the war period there shall be disregarded any time during which, notwithstanding the provisions of subsection (2) of section one of this Act, a . . . F26 planning control is unenforceable by reason of the subsistence in or over land of any interest or right to possession held by or on behalf of the Crown.

Annotations:

Amendments (Textual)

F16 Definition substituted by Town and Country Planning Act 1947 (c. 51), Sch. 8

F17 Words inserted by Town and Country Planning Act 1962 2(c. 38), Sch. 12

F18 Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F19 Words repealed by Town and Country Planning Act 1962 (c.38), Sch. 12

F20 Definitions of “building law” and “local Act” repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F21 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F22 Definition substituted by Statute Law (Repeals) Act 1989 (c. 43), s. 1(2), Sch. 2 Pt. II para. 11

F23 S. 7(2)(4) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F24 Words substituted by Town and Country Planning Act 1947 (c. 51), Sch. 8

F25 Words added by Town and Country Planning Act 1962 (c. 38), Sch. 12

F26 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Marginal Citations

M5 1947 c. 51.

M6 1971 c. 78.

M7 1957 c. 56.

M8 1932 c. 48.

M9 1947 c. 51.

M10 1971 c. 78.


8 Application to Scotland (E+W+S+N.I.)

(1) This Act shall in its application to Scotland have effect subject to the following provisions of this section.

(2) For any reference to the Minister of Health or to the Minister of Town and Country Planning there shall be substituted a reference to the Secretary of State; for any reference to the High Court there shall be substituted a reference to the Court of Session; . . . F27

(3) For any reference to a county borough there shall be substituted a reference to a burgh, and references to county districts shall not apply; for any reference to an interest held in reversion expectant on the termination of another interest there shall be substituted a reference to the interest of the landlord in land subject to a lease; for any reference to the fee simple in land there shall be substituted a reference to the interest of the proprietor of thedominium utileor, in the case of land other than feudal land, of the owner; and for any reference to an underlease there shall be substituted a reference to a sub-lease.

(4) Subsection (8) of section two shall have effect as if for the words “in the form of special case for the opinion of the High Court” there were substituted the words “ a case for the opinion of the Court of Session on”.

(5) Section seven shall have effect as if—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
(b) for the definition of “owner” the following definition were substituted— “owner” includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking.
[F29 (c) for the definition of “authority responsible for enforcing planning control” there were substituted the following definition— “authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section seventy-two of the M11 Town and Country Planning (Scotland) Act 1947, [F30 or of paragraph 28 of Schedule 22 to the M12 Town and Country Planning (Scotland) Act 1972] to serve an enforcement notice in respect thereof . . . F31 or the authority who would be so empowered if the works had been carried out or the use begun otherwise than in compliance with planning control; and
(d) in subsection (5) for the words from “ conferred by” to the end of the subsection there were substituted the words “conferred by section seventy-two of the M13 Town and Country Planning (Scotland) Act 1947”[F32 or by paragraph 28 of Schedule 22 to the M14 Town and Country Planning (Scotland) Act 1972.] ]
Annotations:

Amendments (Textual)

F27 Words repealed by Town and Country Planning (Scotland) Act 1947 (c. 53), Sch. 8

F28 S. 8(5)(a) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F29 S. 8(5)(c)(d) inserted by Town and Country Planning (Scotland) Act 1947 (c. 53), Sch. 8

F30 Words inserted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F31 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F32 Words added by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

Modifications etc. (not altering text)

C3 Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1951/142 (1951 I, p. 1348, art. 3(1), Sch. Pt. I, 1951/1900 (1951 I, p. 1347), 1965/319, art. 2(1), Sch. 1 Pt. I and 1970/1681, art. 2(1)

C4 Functions of Minister of Town and Country Planning now exercisable by Secretary of State: S.I. 1951/142 (1951 I, p. 1348), art. 2, 1951/1900 (1951 I, p. 1347), 1965/319, art. 2(1), Sch. 1 Pt. I and 1970/1681, art. 2(1)

C5 Functions of dean of guild court now exercisable by authority responsible for building control in area concerned: Local Government (Scotland) Act 1973 (c. 65) s. 227

Marginal Citations

M11 1947 c. 53.

M12 1972 c. 52.

M13 1947 c. 53.

M14 1972 c. 52.


9 Application to Norther Ireland. (E+W+S+N.I.)

(1) This Act shall in its application to Northern Ireland have effect subject to the following provisions of this section.

(2) For any reference to the Minister of Health or to the Minister of Town and Country Planning there shall be substituted a reference to the [F33 Department of Environment for Northern Ireland] ; for any reference to the High Court there shall be substituted a reference to the High Court of Justice in Northern Ireland.

(3) The definition in subsection (3) of section one of the expression “permanent or long-term interest” shall be extended so as to include in relation to any land in Northern Ireland any freehold estate which is recognised in accordance with the rules of law and equity applicable in Northern Ireland as a valid and subsisting estate in such land.

(4) Subsection (2) of section four shall have effect as if for the references therein to the Town Country Planning (Interim Development) Act, 1943, and to the Town and Country Planning Act, 1932, there were respectively substituted references to the Planning (Interim Development) Act (Northern Ireland) , 1944, and to the Planning and Housing Act (Northern Ireland) , 1931.

(5) Section seven shall have effect as if—

(a) for the reference, in paragraph (a) of the definition of “authority responsible for enforcing planning control” contained in subsection (1) thereof, to the council of a county, county borough or county district there were substituted a reference to a local authority;
(b) for the reference, in paragraph (a) of the said definition, and in paragraph (a) of subsection (3) of the section, to the M15 Town and Country Planning Act 1932, there were substituted a reference to the Planning Acts (Northern Ireland) 1931 and 1944;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
(d) for the definition of “owner” the following definition were substituted— “owner” includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of the undertaking;
(e) for the references in subsection (5) thereof to section thirteen of the M16 Town and Country Planning Act 1932, and to section five of the Town and Country Planning (Interim Development) Act 1943, there were respectively substituted references to section seven of the M17 Planning and Housing Act (Northern Ireland) , 1931, and to section four of the M18 Planning (Interim Development) Act (Northern Ireland) 1944.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Annotations:

Amendments (Textual)

F33 Words substituted by virtue of S.R. & O. 1964/205 (N.I.), art. 2, 1973/504, art. 7, Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8 and S.I. 1976/424 (N.I. 6), arts. 3, 4(1)

F34 S. 9(5)(c), (6) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Modifications etc. (not altering text)

C6 The text of s. 9(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M15 1932 c. 48.

M16 1932 c. 48.

M17 1931 c. 12 (N.I.)

M18 1944 c. 3 (N.I.)


10 Short title. (E+W+S+N.I.)

This Act may be cited as the Building Restrictions (War-Time Contraventions) Act 1946.