Land Compensation (Scotland) Act 1963

Special Cases S

17 Acquisition of houses unfit for human habitation. S

The provisions of Schedule 2 to this Act shall have effect as to compensation in respect of the acquisition of land in the circumstances mentioned in that Schedule.

[17A F1 Expenses of owners not in occupation. S

Where, in consequence of any compulsory acquisition of land—

(a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and

(b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,

the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.]

Textual Amendments

F1 S. 17A inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para.6 (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4, Sch. 2 Pt. I para. 4)

18 Land of statutory undertakers. S

In relation to compulsory acquisitions of interests in land which has been acquired by statutory undertakers (within the meaning of the Town and Country Planning (Scotland) Act [F2 1997]) for the purposes of their undertaking, the provisions of this Act shall have effect subject to the provisions of [F2 section 233] of that Act (which makes special provision as to the compensation payable in respect of certain acquisitions of land so acquired).

Textual Amendments

F2 Words in s. 18 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9

Modifications etc. (not altering text)

C1 S. 18 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(1)(xxi) and Civil Aviation Act 1971 (c. 75), Sch. 5 para. 5 (s)

C2 S. 18 extended by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 2 para. 4

C3 S. 18 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(i) (with s. 106); S.I. 2001/869, art. 2

19 Outstanding right to compensation for refusal, etc. of planning permission. S

(1) Where, in the case of any compulsory acquisition, a planning decision or order has been made before the service of the notice to treat, and in consequence of the decision or order any person is entitled (subject to the making and determination of a claim in accordance with the relevant provisions, and to the effect of any direction by the Secretary of State under [F3 section 35 of the Town and Country Planning (Scotland) Act 1972]) to compensation for depreciation of the value of an interest in land which consists of or includes the whole or part of the relevant land, then if—

(a) no notice stating that the compensation has become payable has been recorded before the date of service of the notice to treat (whether or not a claim for compensation has been made); but

(b) such a notice is recorded on or after that date;

the compensation payable in respect of the compulsory acquisition shall be assessed as if the said notice had been recorded before the date of service of the notice to treat.

(2) In this section any reference to compensation for depreciation of the value of an interest in land is a reference to compensation payable either—

(a) under Part II or Part V of the M1 Town and Country Planning (Scotland) Act 1954 in respect of depreciation of the value of that interest, or

(b) under [F3 section 153 of the M2 Town and Country Planning (Scotland) Act 1972], in respect of loss or damage consisting of depreciation of the value of that interest;

any reference to recording is a reference to recording in the appropriate Register of Sasines under section 29 (1) or under section 41 of the Town and Country Planning (Scotland) Act 1954, or under the provisions of the said section 29 (1) as applied by section 48 of that Act; and “the relevant provisions”, in relation to compensation under the said Part II or the said Part V, means the provisions of the said Part II, or those provisions as applied by the said Part V, and, in relation to compensation under [F3 section 153 of the Town and Country Planning (Scotland) Act 1972], means the provisions of regulations made under that Act with respect to claims for compensation under that subsection.

Textual Amendments

F3 Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 Pt. I para. 2

Modifications etc. (not altering text)

C4 References to Town and Country Planning (Scotland) Act 1954 (c. 73), Pt. II (except reference to provisions of Pt. II as applied by Pt. V) and s. 41 and the first reference to ibid., s. 29(1) to be construed as references to Town and Country Planning (Scotland) Act 1972 (c. 52), Pt. VII and ss. 155 and 147(4) respectively

Marginal Citations

M1 1954 c. 73.

M2 1972 c. 52.

20 Consideration in respect of discharge of feu-duty, etc. S

(1) Subject to the provisions contained in section 32 of this Act relating to increased compensation in cases falling under section 31 of this Act, the aggregate amount of the consideration payable under section 108 of the M3 Lands Clauses Consolidation (Scotland) Act 1845 in respect of the discharge from all relevant prestations of land F4 ... which has been acquired (whether compulsorily or by agreement) by an authority possessing compulsory purchase powers, shall be an amount equal to the difference between—

(a) the amount of the compensation payable in respect of the acquisition of F4 ... the land, and

(b) the amount of the compensation which would have been so payable if the land had not been subject to any relevant prestation.

(2) Any reference in this section to a “relevant prestation” is a reference to any F5 ... annual or recurring payment or incumbrance (or any portion thereof), to which the said section 108 applies F5 ....

(3) Where the [F6 land] has been acquired by agreement it shall be assumed for the purpose of estimating the amounts referred to in subsections (1)(a) and (1) (b) of this section that it was acquired compulsorily in pursuance of a notice to treat served on the date of the making of the agreement.

(4) If the land is subject to only one relevant prestation the amount of the consideration in respect of the discharge of the land from that prestation shall be equal to the aggregate amount of the consideration.

(5) If the land is subject to two or more relevant prestations the market value of each such prestation immediately before the service of the notice to treat or, as the case may be, the making of the agreement, shall be estimated and the aggregate amount of the consideration shall be attributed to the discharge of the land from the relevant prestations in order of priority, so however that so much thereof as is attributed to the discharge of the land from any prestation shall (without prejudice to the next following subsection) not exceed the value, estimated as aforesaid, of that prestation.

(6) If, after giving effect to the provisions of the last preceding subsection in any case to which they apply, there remains an unattributed balance of the aggregate amount of the consideration, the amounts attributed in accordance with those provisions shall be increased proportionately so as to extinguish the balance.

(7) Subject to the next following subsection references in this section to the compensation payable in respect of the acquisition of theF7 ... land shall be construed as references to such compensation exclusive of any compensation for disturbance or for severance or injurious affection.

(8) In relation to the acquisition of F7 ... any land to which Rule (5) of section 12 of this Act applies, references in this section to the compensation payable in respect of the acquisition shall be construed as references to the compensation (exclusive of any compensation for disturbance or for severance or injurious affection) which would have been so payable if the said Rule (5) had not applied.

Textual Amendments

F4 Words in s. 20(1) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 25(3)(a), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F5 Words in s. 20(2) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 25(3)(b), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F6 Word in s. 20(3) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 25(3)(c) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F7 Words in s. 20(7)(8) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 25(3)(d), (e), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Modifications etc. (not altering text)

C5 S. 20 excluded by Land Tenure Reform (Scotland) Act 1974 (c. 38), s. 6(2)(c)(4)

Marginal Citations

M3 1845 c. 19.

21 War-damaged land. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 S. 21 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII