Land Compensation (Scotland) Act 1973

76 Effect of blight notice requiring purchase of whole agricultural unit. S

(1) In relation to a blight notice served by virtue of section 74 above, subsection (1) of section 185 of the Act of 1972 shall have effect as if for the words “or (in the case of an agricultural unit) the interest of the claimant in so far as it subsists in the affected area” there were substituted the words “or agricultural unit” and subsection (3) of that section shall not apply to any such blight notice.

(2) Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 75(1) above, then if either—

(a) the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area; or

(b) on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 75(4) above,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (3) below.

(3) The said date—

(a) in a case falling within paragraph (a) of subsection (2) above, is the date on which notice is given in accordance with that paragraph; and

(b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 75(6) above.

(4) Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 75(1) above and also on the grounds mentioned in section 183(2)(c) of the Act of 1972, then if either—

(a) the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and withdraws his claim as to the remainder of that area and as to the unaffected area; or

(b) on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 75(5) above in respect of that part of the affected area,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (5) below.

(5) The said date—

(a) in a case falling within paragraph (a) of subsection (4) above, is the date on which notice is given in accordance with that paragraph; and

(b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 75(6) above.

(6) The compensation payable in respect of the acquisition by virtue of this section of an interest in land comprised in—

(a) the unaffected area of an agricultural unit; or

(b) if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in the said section 183(2)(c), so much of the affected area of the unit as is not specified in the counter-notice,

shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.

(7) In relation to a blight notice served by virtue of section 74 above references to “the appropriate authority” and “the appropriate enactment” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.

(8) The provisions mentioned in section 189(2) of the Act of 1972 (operation of blight provisions where claimant dies after serving blight notice) shall include subsections (2) and (4) above.

[F1 (9) Where the claimant is a crofter or cottar this section shall have effect as if—

(a) in subsections (2) and (4) for the words from “acquire compulsorily” to “interest” and for the words “to treat in respect thereof” there were substituted respectively the words “take possession compulsorily of the land” and the words “of entry in respect of that land under paragraph 3 of Schedule 2 to the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947,

(b) in subsection (4)(a) for the word “acquire” there were substituted the words “take possession of”.]

Textual Amendments

F1 S. 76(9) added by Crofting Reform (Scotland) Act 1976 (c. 21), Sch. 1 para. 9

Marginal Citations

M1 1947 c. 42.