SCHEDULE 2OFF-SITE CONDITIONS

PART 2Compensation for off-site conditions

14

1

Compensation that is determined to be due is payable—

a

where—

i

the person to whom any off-site right was granted or, where compensation becomes payable by SEPA under paragraph 8, SEPA; and

ii

the grantor or a creditor in a standard security,

agree that a single payment is to be made on a specified date, on that date;

b

where—

i

the person to whom any off-site right was granted or, where compensation becomes payable by SEPA under paragraph 8, SEPA; and

ii

the grantor or a creditor in a standard security,

agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment; or

c

in any other case, subject to any direction of the Lands Tribunal for Scotland, as soon as reasonably practicable after the amount of the compensation has been finally determined.

2

Any dispute in relation to the payment of compensation or interest must be referred to and determined by the Lands Tribunal for Scotland.

3

In relation to the determination of any such question, sections 9 and 11 of the 1963 Act apply as if—

a

the reference in section 9(1) of that Act to section 8 of that Act were a reference to sub-paragraph (2); and

b

references in section 11 of that Act to the acquiring authority were references to the person to whom any off-site right was granted.