Modifications etc. (not altering text)
C1Pt. VIII modified (30.10.1994) by S.I. 1994/2716, regs. 74(1)(b), 78(1)(b)
Pt. VIII applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 74(2), 78(2)
C2Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2
Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2
(1)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation of an amount exceeding £20, the. . . F1 planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and give particulars of any such apportionment to the claimant and to every other person (if any) entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.
(2)In carrying out an apportionment under subsection (1) of this section, the. . . F1 planning authority shall divide the land into parts, and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order in consequence of which the compensation is payable.
[F2(3)Regulations under this Act shall make provision—
(a)for enabling the claimant or any other person to whom notice of the planning authority’s apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;
(b)for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and
(c)for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision.]
(4)On a reference to the Lands Tribunal by virtue of subsection (3) of this section, subsections (1) and (2) of this section, so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the. . . F1 planning authority, of references to the Lands Tribunal.
(5)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation exceeding £20, the. . . F1 planning authority shall cause notice of that fact in the prescribed form, specifying the land to which the compensation relates and the amount of the compensation for depreciation and any apportionment thereof under this section, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the Secretary of State; F3 . . .
[F4(5A)In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say—
(a)if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;
(b)if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land.]
(6)In this section F5 . . . “compensation for depreciation” means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.
Textual Amendments
F1Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F2S. 155(3) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(a), with s. 84(5); S.I. 1991/2092, art.3
F3Words in s. 155(5) repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(b), Sch. 19, Pt.IV, with s. 84(5); S.I. 1991/2092, art.3
F4S. 155(5A) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(c), with s. 84(5); S.I. 1991/2092, art.3
F5Words in s. 155(6) repealed (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(d), Sch. 19, Pt. IV, with s. 84(5); S.I. 1991/2092, art.3
(1)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation of an amount exceeding £20, the. . . F1 planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and give particulars of any such apportionment to the claimant and to every other person (if any) entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.
(2)In carrying out an apportionment under subsection (1) of this section, the. . . F1 planning authority shall divide the land into parts, and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order in consequence of which the compensation is payable.
[F2(3)Regulations under this Act shall make provision—
(a)for enabling the claimant or any other person to whom notice of the planning authority’s apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;
(b)for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and
(c)for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision.]
(4)On a reference to the Lands Tribunal by virtue of subsection (3) of this section, subsections (1) and (2) of this section, so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the. . . F1 planning authority, of references to the Lands Tribunal.
(5)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation exceeding £20, the. . . F1 planning authority shall cause notice of that fact in the prescribed form, specifying the land to which the compensation relates and the amount of the compensation for depreciation and any apportionment thereof under this section, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the Secretary of State; F3 . . .
[F4(5A)In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say—
(a)if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;
(b)if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land.]
(6)In this section F5 . . . “compensation for depreciation” means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.
Textual Amendments
F1Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F2S. 155(3) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(a), with s. 84(5); S.I. 1991/2092, art.3
F3Words in s. 155(5) repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(b), Sch. 19, Pt.IV, with s. 84(5); S.I. 1991/2092, art.3
F4S. 155(5A) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(c), with s. 84(5); S.I. 1991/2092, art.3
F5Words in s. 155(6) repealed (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(d), Sch. 19, Pt. IV, with s. 84(5); S.I. 1991/2092, art.3