Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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(a) for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

(b) require the objections to be considered by a person appointed by the Secretary of State.

(2) A planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State. "

(2) For paragraph 10(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted--

" (3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which--

(a) have already been considered by the planning authority or by a person appointed by the Secretary of State, or

(b) have already been considered at a local inquiry or other hearing.

(4) The Secretary of State may--

(a) for the purpose of considering any objections and the views of the planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

(b) require such objections and views to be considered by a person appointed by him.

(5) In considering the proposals the Secretary of State may consult with, or consider the views of, any planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3) of this paragraph. "

Part II Minor and Consequential Amendments

3 Schedule 6A to the 1972 Act is amended as follows.

4 At the end of paragraph 4(1) there is added "and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme."

5 In paragraph 7(4) for "to hold a local inquiry or other hearing" there is substituted "for the purposes of this paragraph".

6 For paragraph 8(1) there is substituted--

" (1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9 of this Schedule) " .

7 In paragraph 9(2)(a) after "hearing" there is inserted "or any consideration of objections".

8 For paragraph 11(1) there is substituted--

" 11 (1) Where--

(a) a planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and

(b) the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,

he may himself make a scheme or, as the case may be, the alterations. "

9 In paragraph 12(2)--

(a) after paragraph (b) there is inserted--

" (bb) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations; " and

(b) in paragraph (e) the words from "for the purpose" to "5(3)" are omitted.

Section 60.

SCHEDULE 12 Planning Compensation Repeals: Minor and Consequential Amendments - Scotland

Land Compensation (Scotland) Act 1963 (c. 51)

1 In section 23 of the Land Compensation (Scotland) Act 1963 (assumptions not directly derived from development plans)--

(a) for subsection (3) there is substituted--

" (3) Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted--

(a) subject to the condition set out in Schedule 16 to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and

(b) for any development of a class specified in paragraph 2 of Schedule 6 to that Act. " ; and

(b) in subsection (4), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

Gas Act 1965 (c. 36)

2 In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

Public Expenditure and Receipts Act 1968 (c. 14)

3 In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (a) is omitted.

Post Office Act 1969 (c. 48)

4 In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for "Parts VII and XII of the Town and Country Planning (Scotland) Act 1972" there is substituted "Part XII of the Town and Country Planning (Scotland) Act 1972".

Land Compensation (Scotland) Act 1973 (c. 56)

5 (1) In section 5 of the Land Compensation (Scotland) Act 1973 (assessment of compensation: assumptions as to planning permission)--

(a) for subsection (2) there is substituted--

" (3) Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists ("the relevant land") or any part of it, planning permission would be granted--

(a) subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and

(b) for any development of a class specified in paragraph 2 of Schedule 6 to that Act. " ; and

(b) in subsection (3), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation (Scotland) Act 1973 fell or falls on or after 16th November 1990.

The 1972 Act

6 The 1972 Act is amended as follows.

7 In section 19 (meaning of "development" and "new development") subsection (5) (meaning of new development) is omitted.

8 Sections 35 and 36 (review of planning decisions where compensation claimed) are omitted.

9 In section 37(2) (development with Government authorisation) for "Parts VII and" there is substituted "Part".

10 In section 40(3) (date when development is begun), for paragraph (b) there is substituted--

" (b) development of a class specified in paragraph 1 or 2 of Schedule 6 to this Act; " .

11 In section 56G (deemed hazardous substances consent by virtue of authorisation of government department), in subsection (3) for "Parts VII and XII" there is substituted "Part XII".

12 In section 58(2)(a) (tree preservation orders) "35, 36" is omitted.

13 In section 106 (compensation on compulsory acquisition of listed building) the words from "other than" to the end are omitted.

14 (1) In section 153(4) (compensation where planning permission modified or revoked) for "for development of the land of any class specified in Schedule 6 to this Act" there is substituted " --

(a) subject to the condition set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6;

(b) for any development of a class specified in paragraph 2 of Schedule 6. "

(2) This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.

15 In section 155 (recording and apportionment of compensation for depreciation)--

(a) for subsection (3) there is substituted--

" (3) Regulations under this Act shall make provision--

(a) for enabling the claimant or any other person to whom notice of the planning authority's apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;

(b) for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and

(c) for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision. " ;

(b) in subsection (5), the words from "and subsection (5)" to the end are omitted;

" (5A) In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say--

(a) if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;

(b) if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land. " ; and

(d) in subsection (6), "and in section 156 of this Act" is omitted.

16 Section 156 (contribution by Secretary of State towards compensation in certain cases) is omitted.

17 Before section 157 there is inserted--

" 156A Recovery of compensation on subsequent development

(1) No person shall carry out any development to which this section applies, on land in respect of which a notice (hereafter in this Part of this Act referred to as a "compensation notice") is recorded or, as the case may be, registered under section 155(5) of this Act, until such amount, if any, as is recoverable under this section in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

(2) Subject to the following provisions of this section, this section applies to any development--

(a) which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof; or

(b) which consists in the winning and working of minerals; or

(c) to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

(3) This section shall not apply to any development by virtue of subsection (2)(c) of this section if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply thereto.

(4) Where the compensation specified in the compensation notice became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(5) This section does not apply to any development--

(a) of a class specified in paragraph 1 of Schedule 6 which is carried out in accordance with the condition set out in Schedule 16; or

(b) of a class specified in paragraph 2 of Schedule 6.

(6) This section does not apply in a case where the compensation under section 153 of this Act specified in a compensation notice became payable in respect of an order modifying planning permission, and the development is in accordance with that permission as modified by that order.

156B Amount recoverable, and provisions for payment or remission thereof

(1) Subject to the following provisions of this section, the amount recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice--

(a) if the land on which the development is to be carried out (in this subsection referred to as "the development area") is identical with, or includes (with other land) the whole of, the land comprised in the compensation notice, shall be the amount of compensation specified in that notice;

(b) if the development area forms part of the land comprised in the compensation notice, or includes part of that land together with other land not comprised in that notice, shall be so much of the amount of the compensation specified in that notice as is attributable to land comprised in that notice and falling within the development area.

(2) Where, in the case of any land in respect of which a compensation notice has been recorded, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or any part of any amount otherwise recoverable under section 156A of this Act.

(3) Where, in connection with the development of any land, an amount becomes recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2) of this section, no amount shall be recoverable under section 156A of this Act in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(4) No amount shall be recoverable under section 156A of this Act in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 244 of this Act.

(5) An amount recoverable under section 156A of this Act in respect of any compensation shall be payable to the Secretary of State, and

(a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct, after taking into account any representations made by the person by whom the development is to be carried out; and

(b) except where the amount is payable as a single capital payment, shall be secured by that person to the satisfaction of the Secretary of State (whether by heritable or other security, personal bond or otherwise).

(6) If any person initiates any development to which section 156A applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and requiring him to pay that amount to the Secretary of State within such period, not being less than three months after the service of the notice, as may be specified in the notice.

(7) Where, after a compensation notice in respect of any land has been recorded or, as the case may be, registered, any amount recoverable under this section in respect of the compensation specified in the notice, or any part of such amount, has been paid to the Secretary of State, or circumstances arise under which by virtue of any provision of this Act no amount is so recoverable in respect of the land specified in the notice or any part of that land, the Secretary of State shall cause to be recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, a notice of that fact, specifying the land to which such fact relates, and, in the case of any notice of the fact that part only of such amount has been so paid, stating whether the balance has been secured to the satisfaction of the Secretary of State or has been remitted by him under subsection (2) of this section, and shall send a copy thereof to the planning authority. "

18 In section 157 (recovery, on subsequent development, of compensation under section 153)--

(a) subsection (1) is omitted;

(b) in subsection (2), for "section 148 of this Act, as applied by subsection (1) of this section" there is substituted "section 156A of this Act";

(i) paragraph (a) is omitted; and

(ii) in the proviso, "paragraph (a) or" is omitted; and

(d) subsection (4) is omitted.

19 In section 169 (purchase notice on refusal or conditional grant of planning permission)--

(a) in subsection (2), for the words from "no account shall be taken" to the end there is substituted "no account shall be taken of any prospective development other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act."; and

(b) subsection (3) is omitted.

20 In section 176 (special provisions as to compensation where purchase notice served)--

(a) in subsection (2), for "existing use value" there is substituted "Schedule 6 value"; and

(b) in subsection (5), for the definition of "existing use value" there is substituted--

" "Schedule 6 value", in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted--

(a) subject to the conditions set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6; and

(b) for any development of a class specified in paragraph 2 of Schedule 6. "

21 In section 179(2) (purchase notice on refusal or conditional grant of listed building consent) for "new development" there is substituted "development (other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act)".

22 In section 231(3) (validity of orders etc.), paragraph (c) is omitted.

23 In section 244 (recovery from acquiring authorities of sums paid by way of compensation)--

(a) in subsection (1), for "147(5)" there is substituted "155(5A)"; and

(b) in subsection (2), the words from "subsection (4)" to "applied by" are omitted.

24 Section 245 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.

25 In section 246 (sums recoverable from acquiring authorities reckonable for purposes of grant), "or 245" is omitted.

26 In section 247 (expenses of government departments), in subsection (1)(b) "Part VII or" is omitted.

27 Section 248 (payments under section 56 of Act of 1947 and Parts I and V of Act of 1954) is omitted.

28 In section 249 (general provision as to receipts of Secretary of State), "Without prejudice to section 248 of this Act, and" is omitted.

29 For subsection (1) of section 255 (supplementary provisions as to Crown interest), there is substituted--

" (1) Subject to subsection (2) of this section, where there is a Crown interest in any land, the provisions of sections 155 to 157 of this Act, and the provisions of Schedule 22 to this Act in so far as they relate to those sections, shall have effect in relation to any private interest as if the Crown interest were a private interest. "

30 Sections 263 (assumptions as to planning permission in determining value of interests in land) and 264 (recovery, on subsequent development, of payments in respect of war-damaged land) are omitted.

31 In section 275 (interpretation), in subsection (1), the definitions of "new development" and "previous apportionment" are omitted.

32 In Schedule 6 (development not constituting new development)--

(a) paragraphs 3 to 9 and 12 are omitted; and

(b) in paragraph 14, for sub-paragraph (2) there is substituted--

" (2) This paragraph does not apply for the purposes of sections 157 and 169 of this Act. "

33 In Schedule 19 (provisions referred to in sections 250, 251 etc.), in Part I, the entry relating to section 158 is omitted.

Civil Aviation Act 1982 (c. 16)

34 In section 53(1)(a) of the Civil Aviation Act 1982 "158," is omitted.

Airports Act 1986 (c. 31)

35 In section 61(1)(a) of the Airports Act 1986 "158," is omitted.

Section 61.

SCHEDULE 13 Planning in Scotland: Minor and Consequential Amendments

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10.)

1 For section 4 (application to Scotland) of the Agricultural Land (Removal of Surface Soil) Act 1953 there is substituted--

In the application of this Act to Scotland, for the references to the [1990 c. 8.] Town and Country Planning Act 1990, to Part III of that Act, and to section 192 of that Act, there shall be substituted references to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, to Part III of that Act, and to section 90A of that Act. " .

The 1972 Act

2 The 1972 Act is amended as follows.

3 In subsection (3)(a) of section 5 (preparation of structure plans), after "measures for" there is inserted "the conservation of the natural beauty and amenity of the land,".

4 In subsection (3)(a) of section 9 (preparation of local plans), after "fit for" there is inserted "the conservation of the natural beauty and amenity of the land,".

5 For subsections (1) to (3) of section 21 (development orders) there is substituted--

" (1) The Secretary of State shall by regulations under this Act or by order provide for the granting of planning permission.

(2) An order under this section (in this Act referred to as a "development order") may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either--

(a) as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or

(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.

(3) In respect of development for which planning permission is not granted by a development order, regulations under this Act or an order may provide for the granting of planning permission by the planning authority (or, in the cases hereinafter provided for, by the Secretary of State) on an application in that behalf made to the planning authority in accordance with the regulations or the order. "

6 In section 23 (publication of notices of applications--

(a) in subsection (1) before the words "a development order" there is inserted "regulations under this Act or";

(b) at the end there is inserted--

" (4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5) Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence. "

7 In section 28 (directions, etc. as to method of dealing with applications)--

(a) in subsection (1)--

(i) the words "Subject to the provisions of section 26(2) to (5) of this Act," are omitted;

(ii) before the words "a development order" there is inserted "regulations under this Act or"; and

(iii) for the words "the order", in each place where they occur, there is substituted "such regulations or the order"; and

(b) in subsection (2) of that section, before the words "a development order" there is inserted "regulations under this Act or".

8 For section 29 there is substituted--

" 29 Planning permission for development already carried out

(1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) of this section applies to development carried out--

(a) without planning permission;

(b) in accordance with planning permission granted for a limited period; or

(3) Planning permission for such development may be granted so as to have effect from--

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period. " .

9 In section 31 (information regarding, and registers of, applications and decisions)--

(a) for the words "A development order" in both places where they occur, there is substituted "Regulations under this Act or a development order";

(b) for the words "the order" in both places where they occur, there is substituted "such regulations or the order"; and

(c) for the words "by a development order", in both places where they occur, there is substituted "by such regulations or the order".

10 In subsection (4) of section 32 (reference of applications to Secretary of State)--

(a) for the words from "23" to "28A" there is substituted "26(1) to (3A), 27(1), 27A, 28A and 29"; and

(b) at the end there is inserted "and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act.".

11 In section 33 (appeals against planning decisions)--

(a) in subsection (2), before the words "a development order" there is inserted "regulations under this Act or";

(b) in subsection (5)--

(i) "23, 24" is omitted;

(ii) for "26(1) and (3)" there is substituted "26(1) to (3A)";

(iii) for "and 27A" there is substituted ", 27A and 29"; and

(iv) at the end there is inserted "and regulations under this Act or a development order may apply, with or without modifications, to such an appeal any requirements imposed by regulations or such an order by virtue of section 23 or 24 of this Act"; and

(i) for the words "and of the development order" there is substituted ", any regulations made under this Act in that regard and of any development order"; and

(ii) for the words "under that order" there is substituted "under such regulations or such order".

12 In section 34 (appeal in default of planning decision), for the words "the development order", in both places where they occur, there is substituted "regulations under this Act or a development order".

13 In subsection (3)(c) of section 38 (limit of duration of planning permission), for the words from "granted" to the end there is substituted "for any development carried out before the grant of planning permission".

14 In section 39 (outline planning permission), before the words "a development order" there is inserted "regulations under this Act or".

15 In subsection (2) of section 40 (provision as to date when development begun), after paragraph (a) there is inserted--

" (aa) any work of demolition of a building; " .

16 In section 49 (orders requiring discontinuance of use etc.), for subsection (3) there is substituted--

" (3) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

(3A) Planning permission for such development may be granted so as to have effect from--

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period. "

17 Section 51 is omitted.

18 In subsection (3) of section 55 (acts causing or likely to result in damage to listed buildings), for "£40" there is substituted "one-tenth of level 3 on the standard scale".

19 In section 84A (power of regional planning authority to take enforcement action) in subsection (2) for the words "84 (except subsection (1))," there is substituted "83A, 83B, 84 (except subsection (1)), 84AA, 84AB,".

20 In section 85 (appeal against enforcement notice)--

(a) in subsection (2B)(d) for the words from "being" to "situated" there is substituted "to such persons as may be specified";

(b) in subsection (4)--

(i) for paragraph (a) there is substituted--

" (a) the Secretary of State may--

(i) correct any defect, error or misdescription in the enforcement notice; or

(ii) vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority; " ; and

(ii) in paragraph (b) for "84(5)" there is substituted "84(2)"; and

(i) "or for varying the terms of the notice in favour of the appellant" is omitted; and

(ii) for paragraphs (a) to (b) there is substituted--

" (a) grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;

(b) discharge any condition or limitation subject to which planning permission was granted;

(c) grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and

(d) determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act. "

(d) after subsection (5) there is inserted--

" (5A) The provisions of sections 90 to 90C of this Act mentioned in subsection (5B) of this section shall apply for the purposes of subsection (5)(d) of this section as they apply for the purposes of section 90 of this Act, but as if--

(a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and

(b) references to the planning authority were references to the Secretary of State.

(5B) Those provisions are: sections 90(5) to (7), 90B(4) (so far as it relates to the form of the certificate), (6) and (7) and 90C. " ;

(e) in subsection (6), for the words from "and any planning permission" to the end there is substituted--

" (6A) The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.

(6B) Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation. " ;

(f) in subsection (7), for "for the development to which the notice relates" there is substituted "in respect of the matters stated in the enforcement notice as constituting a breach of planning control"; and

(g) subsection (11) is omitted.

21 In section 87 (stop notices)--

(a) in subsection (4)(c), for "84(7)(c)" there is substituted "84AA(7)";

(b) in subsection (5), for the words "activity prohibited by the stop notice" there is substituted "relevant activity";(c) in subsection (6) for the words "activities which constitute or involve the breach of planning control alleged" there is substituted "the relevant activity specified"; and

(d) in subsection (9), for "84(5)" there is substituted "84".

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