Modifications etc. (not altering text)
C2Sch. 24 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 46(4), 49(5)
32(1)Where land specified in a general vesting declaration under this Act is, together with other land not so specified, charged with a charge, such proportion of the charge as may be apportioned under section 109 of the Lands Clauses Consolidation (Scotland) Act 1845, to the first mentioned land shall, subject to sub-paragraph (3) of this paragraph, be treated as having been extinguished by virtue of paragraphs 6 to 8 above on the vesting of that land in the acquiring authority under those paragraphs.
(2)Where by virtue of the preceding sub-paragraph a portion of a charge is treated as having been extinguished, the provisions of sections 108 to 111 of the said 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) of this paragraph, 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 land in the acquiring authority under paragraphs 6 to 8 above, the person entitled to the charge had released that land from the charge on the condition mentioned in section 109 of the said Act of 1845; and in that case no part of the charge shall be treated as having been extinguished as regards the remaining part of the land charged therewith.
(4)In this paragraph “charge” means any such feu-duty, ground annual or rent or other payment or incumbrance as is mentioned in the words introductory to sections 107 to 111 of the said Act of 1845.
Modifications etc. (not altering text)
C3Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
33Where land specified in a general vesting declaration under this Act is, together with other land not so specified, comprised in a tenancy for a term of years unexpired, section 112 of the M1Lands Clauses Consolidation (Scotland) Act 1845, shall have effect in relation thereto as if for references to the time of the apportionment of rent therein mentioned there were substituted references to the time of the vesting of the tenancy in the acquiring authority.
Modifications etc. (not altering text)
C5Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
C6Paras. 32–34 modified by Local Government, Planning and Land Act 1980 (c. 65), Sch. 27 paras. 15–20
Marginal Citations
34Where any of the land specified in a general vesting declaration under this Act has become vested in an acquiring authority under paragraphs 6 to 8 above, any person who, in consequence thereof, is relieved from any liability (whether in respect of a feu-duty, ground annual, rent, interest on a heritable security or any other payment) 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 constituted the cause of his being so relieved, or of one or more of those facts, be entitled to recover the sum paid from the person to whom it was paid.
Modifications etc. (not altering text)
C7Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
Modifications etc. (not altering text)
C2Sch. 24 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 46(4), 49(5)
32(1)Where land specified in a general vesting declaration under this Act is, together with other land not so specified, charged with a charge, such proportion of the charge as may be apportioned under section 109 of the Lands Clauses Consolidation (Scotland) Act 1845, to the first mentioned land shall, subject to sub-paragraph (3) of this paragraph, be treated as having been extinguished by virtue of paragraphs 6 to 8 above on the vesting of that land in the acquiring authority under those paragraphs.
(2)Where by virtue of the preceding sub-paragraph a portion of a charge is treated as having been extinguished, the provisions of sections 108 to 111 of the said 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) of this paragraph, 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 land in the acquiring authority under paragraphs 6 to 8 above, the person entitled to the charge had released that land from the charge on the condition mentioned in section 109 of the said Act of 1845; and in that case no part of the charge shall be treated as having been extinguished as regards the remaining part of the land charged therewith.
(4)In this paragraph “charge” means any such feu-duty, ground annual or rent or other payment or incumbrance as is mentioned in the words introductory to sections 107 to 111 of the said Act of 1845.
Modifications etc. (not altering text)
C3Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
33Where land specified in a general vesting declaration under this Act is, together with other land not so specified, comprised in a tenancy for a term of years unexpired, section 112 of the M1Lands Clauses Consolidation (Scotland) Act 1845, shall have effect in relation thereto as if for references to the time of the apportionment of rent therein mentioned there were substituted references to the time of the vesting of the tenancy in the acquiring authority.
Modifications etc. (not altering text)
C5Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
C6Paras. 32–34 modified by Local Government, Planning and Land Act 1980 (c. 65), Sch. 27 paras. 15–20
Marginal Citations
34Where any of the land specified in a general vesting declaration under this Act has become vested in an acquiring authority under paragraphs 6 to 8 above, any person who, in consequence thereof, is relieved from any liability (whether in respect of a feu-duty, ground annual, rent, interest on a heritable security or any other payment) 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 constituted the cause of his being so relieved, or of one or more of those facts, be entitled to recover the sum paid from the person to whom it was paid.
Modifications etc. (not altering text)
C7Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)