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Town and Country Planning (Scotland) Act 1997
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Changes over time for: Section 197
Version Superseded: 25/07/2003
Alternative versions:
- 27/05/1997- Amendment
- 23/10/2002
Point in time - 25/07/2003- Amendment
- 29/12/2003- Amendment
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Point in time view as at 23/10/2002. This version of this provision has been superseded.
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Town and Country Planning (Scotland) Act 1997, Section 197 is up to date with all changes known to be in force on or before 16 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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197 Provisions as to churches and burial grounds.S
(1)Any land consisting of a church or other building used or formerly used for religious worship, or the site of such a building, or a burial ground, which has been acquired by a Minister, a planning authority or statutory undertakers under this Part or under Chapter V of Part I of the M1Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment, or which has been appropriated by a planning authority for planning purposes, may, subject to the following provisions of this section—
(a)in the case of land acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land, and
(b)in any other case, be used by any person in any manner in accordance with planning permission,
notwithstanding anything in any enactment relating to churches or such other buildings or to burial grounds or any obligation or restriction imposed under any deed or agreement or otherwise as respects that church or other building or burial ground.
(2)In the case of land which—
(a)has been acquired by the Secretary of State under section 79(1) of the M2National Health Service (Scotland) Act 1978, and
(b)is held, used or occupied by a health service body, as defined in section 60(7) of the M3National Health Service and Community Care Act 1990,
subsection (1) shall apply with the omission of paragraph (a) and, in paragraph (b), of the words “in any other case”.
(3)No authority shall be required for the removal and reinterment of any human remains, or for the removal or disposal of any monuments.
(4)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1).
(5)In this section—
“burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and includes part of a burial ground; and
“monument” includes a tombstone or other memorial and any fixtures or furnishings.
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