New Towns (Scotland) Act 1968

Section 16.

SCHEDULE 7 Further Provisions with respect to Orders Providing for Expedited Completion

Introductory

1 The provisions of this Schedule shall have effect with respect to any compulsory purchase order which includes a direction, under section 15(1) of this Act, that the provisions of this Act relating to expedited completion shall apply to the order so far as it relates to land specified in the direction; and in this Schedule " the relevant land " means the land so specified.

Particulars to be included in notice of confirmation of order

2 The notice of the confirmation or making of the order required by this Act to be published—

(a) shall refer to the provisions as to entry and vesting contained in section 16(6) of this Act, and

(b) shall include a notification to the effect that every person entitled to claim compensation in respect of any of the relevant land or any interest in such land is invited to give information to the acquiring authority, in the prescribed form, with respect to his name and address and the land and interest in question.

Certificate of acquiring authority for purpose of determining date of vesting

3 For the purposes of section 16 of this Act, a certificate given by the acquiring authority stating that the service of notices on occupiers required by subsection (5) of that section was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

Exclusion of power of entry conferred by Schedule 6 to this Act

4 Paragraph 4 of Schedule 6 to this Act shall not have effect in relation to the order.

Restriction on withdrawal of constructive notice to treat

5 The power conferred by section 39 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 or by that section as applied by paragraph 5(3) of Schedule 5 to this Act to withdraw a notice to treat shall, in the case of a notice to treat which is deemed to have been served by virtue of section 16(2) of this Act, not be exercisable—

(a) in respect of the interest of an occupier, at any time after the service on that occupier of the notice required to be served by virtue of section 16(5) of this Act, and

(b) in respect of any other interest, at any time after that interest has vested in the acquiring authority by virtue of section 16(6) of this Act.

Special provisions with respect to parts of buildings, etc.

6 (1) Where a part only of a house, building or manufactory, or of a park or garden belonging to a house, is comprised in the relevant land, then, if notice in that behalf is given to the acquiring authority in accordance with the provisions of sub-paragraph (2) below, no notice to treat shall be deemed by virtue of section 16(2) of this Act to have been served in respect of any interest in the said part; and, as from the giving of the first-mentioned notice, the order shall have effect in relation to that part as if it had not been comprised in the relevant land.

(2) A notice under sub-paragraph (1) above in respect of any premises consisting of part of a house, building, manufactory, park or garden may be given to the acquiring authority by any person having an interest in those premises, but shall not have effect if given before the order has come into operation or after the acquiring authority have executed in respect of those premises a declaration under section 16(3) of this Act.

7 Neither paragraph 5 of Schedule 6 to this Act (which makes special provision in substitution for section 90 of the Act of 1845, with respect to the compulsory acquisition of parts of buildings) nor the said section 90 shall have effect in relation to the order.

Compensation not to be affected by provision for expedited completion

8 Where any of the relevant land has become vested in the acquiring authority by virtue of section 16(6) of this Act, the authority shall be liable to pay the like compensation for the land, and the like interest on the compensation agreed or awarded, as they would have been required to pay if sections 83 to 88 of the Act of 1845, and the provisions of that Act compliance with which would have been requisite in order to render exercisable by them the powers referred to in the said section 16(6), had been complied with.

Exclusion of provisions of Act of 1845 relating to absent parties and interests omitted to be purchased

9 (1) Where a notice to treat is deemed by virtue of section 16(2) of this Act to have been served in respect of any interest, the provisions of the Act of 1845 mentioned in sub-paragraph (2) below shall, notwithstanding section 12(1) of this Act, not have effect in relation to the acquisition of that interest.

(2) The said provisions are sections 56 to 60 and 63 to 66 (mode of ascertaining compensation to absent parties) and sections 117 to 119 (interests which have by mistake been omitted to be purchased).

Charges and leases affecting relevant land and other land

10 (1) Where land consisting or forming part of the relevant land is, together with other land not comprised in the relevant land, burdened with a charge, such portion of the charge as may be apportioned under section 109 of the Act of 1845 to the first-mentioned land shall, subject to sub-paragraph (3) below, be treated as having been extinguished by virtue of section 16(6) of this Act on the vesting of that land in the acquiring authority under that subsection.

(2) Where by virtue of sub-paragraph (1) above a portion of a charge is treated as having been extinguished, sections 108 to 111 of the Act of 1845 shall have effect as if the extinguishment had taken place under section 110 of that Act.

(3) If, in the circumstances described in sub-paragraph (1) above, the person entitled to the charge and the owner of the land subject thereto enter into an agreement to that effect, the said sections 108 to 111 shall have effect as if, at the time of the vesting of the relevant land in the acquiring authority under section 16(6) of this Act, the person entitled to the charge had discharged that land from the charge on the condition mentioned in section 109 of the Act of 1845 ; and, in that case, no part of the charge shall be treated as having been extinguished by virtue of the said section 16(6) so far as regards the remaining part of the land burdened therewith.

(4) Any question as to the apportionment mentioned in section 109 of the Act of 1845 shall be referred to and determined by an official arbiter in accordance with section 2 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963.

11 Where land consisting or forming part of the relevant land is, together with other land not comprised in the relevant land, comprised in a lease for a term of years unexpired, section 112 of the Act of 1845 shall have effect in relation thereto with the substitution, for references therein to the time of the apportionment of rent therein mentioned, of references to the time of the vesting in the acquiring authority of the first-mentioned land under section 16(6) of this Act.

Miscellaneous

12 Where, any of the relevant land has become vested in the acquiring authority under section 16(6) of this Act, any person who, in consequence thereof, is relieved from any liability (whether in respect of a charge, rent under a lease, interest due on any heritable security or any other matter) and makes any payment as in satisfaction or part satisfaction of that liability shall, if he shows that when he made the payment he did not know of the facts which constitute the cause of his being so relieved, or of some one or more of those facts, be entitled to recover the sum paid from the person to whom it was paid.

13 Where the acquiring authority have expede a notice of title in respect of land by virtue of section 16(6) of this Act and the compensation payable in respect of the interests in the land is not finally ascertained at the time when the notice of title is presented for recording, then, if the notice of title is accompanied by a certificate by the authority to that effect, it may lawfully be recorded in the Register of Sasines notwithstanding that it is not stamped ; and section 12 of the [1895 c. 16.] Finance Act 1895 (which provides for the collection of stamp duty, where property is vested by way of sale by virtue of an Act, within three months of the date of vesting) shall have effect, with respect to the vesting of those interests, with the substitution, for the reference therein to the date of vesting, of a reference to the date on which the compensation has been finally ascertained.

14 Where, after land has become vested in the acquiring authority under section 16(6) of this Act, a person retains possession of any writ relating to the land, he shall be deemed to have given to the authority an undertaking to produce that writ to the authority on all necessary occasions.

15 (1) The time within which a question of disputed compensation, arising out of an acquisition of an interest in land in respect of which a notice to treat is deemed to have been served by virtue of section 16(2) of this Act, may be referred to arbitration shall be the period of six years from the date at which the person claiming compensation, or a person from whom he derives title, first knew, or could reasonably be expected to have known, of the vesting of the interest by virtue of section 16(6) of this Act.

(2) In reckoning the period of six years referred to in sub-paragraph (1) above, no account shall be taken of any period during which the person claiming compensation, or the person from whom he derives title, was in minority or less age or was under legal disability.