- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2009)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2010
Point in time view as at 01/04/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Land Compensation (Scotland) Act 1973, Section 34.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where a person is displaced from any land in consequence of—
(a)the acquisition of the land by an authority possessing compulsory purchase powers;
(b)the making, passing or acceptance of a housing order, resolution or undertaking in respect of a house or building on the land;
(c)where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of [F1any improvement to a house or building on the land or of] redevelopment on the land,
[F2(d)the carrying out of any improvement to a house or building on the land or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement is registered,]
[F3(e)a requirement to remove from a building on the land in pursuance of [F4section 29] of the Building (Scotland) Act [F52003 (asp 8)] (dangerous buildings) or any other enactment which requires the demolition of the building on account of its condition,]
he shall, subject to the provisions of this section, be entitled to receive a payment (hereafter referred to as a “disturbance payment”) from
[F6(i)where paragraph (a) above applies, the acquiring authority;
(ii)where paragraph (b) above applies, the authority who made the order, passed the resolution or accepted the undertaking;
(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and
(iv)where paragraph (d) above applies; the housing association carrying out the improvement or redevelopment.]
[F7(v)where paragraph (e) above applies; the authority requiring the removal]
(2)A person shall not be entitled to a disturbance payment—
(a)in any case, unless he is in lawful possession of the land from which he is displaced;
(b)in a case within subsection (1)(a) above, unless either—
(i)he has no interest in the land for the acquisition or extinguishment of which he is (or if the acquisition or extinguishment were compulsory would be) entitled to compensation under any other enactment; or
(ii)he has such an interest as aforesaid but the compensation is subject to a site value provision and he is not (or if the acquisition were compulsory would not be) entitled in respect of that acquisition to an owner-occupier’s supplement;
(c)in a case within subsection (1)(b) above, if he is entitled to an owner-occupier’s supplement by reference to the order, resolution or undertaking.
[F8(d)in a case within subsection (1)(d) above, unless the M1displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed).]
In this subsection “site value provision” means [F9section 121 and paragraph 12 of Schedule 8 to the Housing (Scotland) Act 1987 and “owner occupier’s supplement” means a payment under sections 308 to 311 of that Act.]
(3)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition [F10improvement or redevelopment as is mentioned in paragraph (a), (c) or (d)] of that subsection unless he was in lawful possession of the land—
(a)in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the compulsory purchase order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
(b)in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for that Act specifying the land were first published;
(c)in the case of land acquired by agreement, at the time when the agreement was made;
and a person shall not be treated as displaced in consequence of any such order, resolution [F11undertaking or requirement to remove as is mentioned in paragraph (b) or (e)] of that subsection unless he was in lawful possession as aforesaid at the time when the order was made, the resolution was passed [F11the undertaking was accepted or he was required to remove.]
[F12(3)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of [F13(a)] the carrying out of any improvement to a house or building [F14or; (a) a requirement to remove as mentioned in subsection (1)(e) above] unless he is permanently displaced in consequence of the carrying out of the improvement in question][F15or removal as the case may be.]
(4)Where a person is displaced from any land as mentioned in subsection (1) above but is not entitled, as against the authority there mentioned, to a disturbance payment or to compensation for disturbance under any other enactment, the authority may, if they think fit, make a payment to him determined in accordance with section 35(1) to (3) below.
(5)A disturbance payment shall carry interest, at the rate for the time being prescribed under section 40 of the M2Land Compensation (Scotland) Act 1963, from the date of displacement until payment.
(6)This section does not apply to any land which is used for the purposes of agriculture.
(7)In section 71(4) of the M3Housing (Financial Provisions)(Scotland) Act 1972 (financial assistance towards tenants’ removal expenses) for the words from “160” to the end there shall be substituted the words “ 34 of the Land Compensation (Scotland) Act 1973 (disturbance payments for persons without compensatable interests) ”.
(8)In this section “a housing order, resolution or undertaking”[F16“improvement”] and “redevelopment” have the same meaning as in section 27 above.
(9)[F17Subject to subsection (2)(d) above,] this section applies if the date of displacement is on or after 17th October 1972 [F18except that, where the displacement is in consequence of the circumstances referred to in subsection (1)(e) above, it applies if the date of displacement is on or after the coming into force of paragraph 13 of Schedule 2 to the M4Housing (Financial Provisions) (Scotland) Act 1978.]
Textual Amendments
F1Words inserted by Housing Act 1974 (c. 44), s. 30, Sch. 13 para. 43(1)(a)
F2S. 34(1)(d) substituted by Housing Rents and Subsidies (Scotland) Act 1975 (c. 28), Sch. 3 para. 10(1)
F3S. 34(1)(e) inserted by Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Sch. 2 para. 13(a)(i)
F4Words in s. 34(1)(e) substituted (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), sch. 6 para. 7(3)(a) (with s. 53); S.S.I. 2004/404, art. 2(1)
F5Words in s. 34(1)(e) substituted (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), sch. 6 para. 7(3)(b) (with s. 53); S.S.I. 2004/404, art. 2(1)
F6Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 43(1)(c)
F7Para. (v) added by Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Sch. 2 para. 13(a)(ii)
F8S. 34(2)(d) added by Housing Rents and Subsidies (Scotland) Act 1975 (c. 28), Sch. 3 para. 10(2)
F9Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 19(4)
F10Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 43(2)
F11Words substituted by Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Sch. 2 para. 13(b)
F12S. 34(3) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 43(3)
F13Word inserted by Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Sch. 2 para. 13(c)(i)
F14Words inserted by Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Sch. 2 para. 13(c)(ii)
F15Words added by Housing (Financial Provisions) (Scotland) Act 1978 (c. 14), Sch. 2 para. 13(c)(iii)
F16Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 43(4)
F17Words inserted by Housing Rents and Subsidies (Scotland) Act 1975 (c. 28), Sch. 3 para. 10(3)
Modifications etc. (not altering text)
C1S. 34(3)(a) applied with modifications by Offshore Petroleum Development (Scotland) Act 1975 (c. 8), s. 1, Sch. 2 para. 1
C2The text of Ss. 18(10), 34(7), 61, 62, 71(2)(3)(4), 72, 77(2)(3), Sch.2 pt.1 and pt.II 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
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys