SCHEDULE 7Compensation for Grant of Rights

Loss and damage for which compensation payable

4.

Compensation shall be payable under this Schedule for loss and damage of the following descriptions:–

(a)

depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)

loss or damage, in relation to any relevant interest to which the grantor is entitled, which–

(i)

is attributable to the grant of the rights or the exercise of them;

(ii)

does not consist of depreciation in the value of that interest; and

(iii)

is loss or damage for which the grantor would have been entitled to compensation by way of compensation for disturbance, if that interest had been acquired compulsorily under the Acquisition of Land (Authorisation Procedure) (Scotland) Act 194737 in pursuance of a notice to treat served on the date on which the rights were granted;

(c)

damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;

(d)

any loss or damage sustained by the grantor, other than in relation to any interest in land to which the grantor is entitled, which is attributable to the grant of the rights or the exercise of them; and

(e)

the amount of any valuation and legal expenses reasonably incurred by the grantor in granting the rights and in the preparation of the application for and the negotiation of the amount of compensation (up to the point of referral to the Lands Tribunal under paragraph 6).