Land Compensation Act 1973

PART VI Supplementary Provisions

84 Application to Crown

(1) Part I of this Act does not apply to any aerodrome in the occupation of a government department but, subject to that, references in that Part and in Part II of this Act to public works and responsible authorities include references to any works or authority which, apart from any Crown exemption, would be public works or a responsible authority.

(2) Parts III and IV of this Act apply in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments being authorities possessing compulsory purchase powers, as they apply in relation to the acquisition of interests in land by such authorities who are not government departments.

85 Financial provisions

There shall be paid out of moneys provided by Parliament—

(a) any expenses incurred under this Act by any government department;

(b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

86 Repeals

The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

87 General interpretation

(1) In this Act—

• " agriculture ", " agricultural " and " agricultural land " have the meaning given in section 109 of the [1947 c. 48.] Agriculture Act 1947 or, in relation to Scotland, section 86 of the [1948 c. 45.] Agriculture (Scotland) Act 1948, and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;

• " agricultural holding " has the meaning given in section 1 of the [1948 c. 63.] Agricultural Holdings Act 1948 or, in relation to Scotland, section 1 of the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949 and " landlord ", " tenant " and " notice to quit", in relation to an agricultural holding, have the same meaning as in those Acts respectively ;

• " agricultural unit " has the meaning given in section 207(1) of the [1971 c. 78.] Town and Country Planning Act 1971 or, in relation to Scotland, section 196(1) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 ;

• " acquiring authority " and " authority possessing compulsory purchase powers " have the same meaning as in the [1961 c. 33.] Land Compensation Act 1961 or, in relation to Scotland, the [1963 c. 51.] Land Compensation (Scotland) Act 1963 ;

• " aerodrome " has the meaning given in section 63(1) of the [1949 c. 67.] Civil Aviation Act 1949 ;

• " cottar " has the same meaning as in section 28(4) of the [1955 c. 21.] Crofters (Scotland) Act 1955 ;

• " croft ", " crofter " and " landlord ", in relation to a croft, have the same meanings respectively as in the Crofters (Scotland) Act 1955 ;

• " disabled person " means a person who is substantially and permanently handicapped by illness, injury or congenital infirmity, or, in relation to Scotland, means a person in need under section 12 of the [1968 c. 49.] Social Work (Scotland) Act 1968 as read with section 1 of the [1972 c. 51.] Chronically Sick and Disabled Persons (Scotland) Act 1972;

• " dwelling " means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied as a private dwelling or, in relation to Scotland, a private house, and (except in section 29) includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

• " heritable security " means any security capable of being constituted over any interest in land by a disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines;

• " holding ", in relation to a landholder and a statutory small tenant, has the same meaning as in section 2(1) of the [1911 c. 49.] Small Landholders (Scotland) Act 1911 and:

• " landlord ", in relation to such a holding, has the same meaning as in the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949;

• " landholder " has the same meaning as in section 2(2) of the [1911 c. 49.] Small Landholders (Scotland) Act 1911;

• " owner ", in relation to Scotland, has the same meaning as in section 45(1) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963;

• " road " has the meaning assigned to it in the [1970 c. 20.] Roads (Scotland) Act 1970;

• " statutory small tenant " has the same meaning as in section 32(1) of the Small Landholders (Scotland) Act 1911 ;

• " tenancy ", in relation to England and Wales and otherwise than in relation to an agricultural holding, has the same meaning as in the [1954 c. 56.] Landlord and Tenant Act 1954.

(2) In this Act references to the council of a district are, until 1st April 1974, references to the council of a county district or county borough and, thereafter, to the council of a district within the meaning of the [1972 c. 70.] Local Government Act 1972 ; and references to a London borough and the council of a London borough include references to the City of London and the Common Council.

(3) Sections 22 to 25 above shall be construed as one with the [1959 c. 25.] Highways Act 1959 or, in relation to Scotland, the Roads (Scotland) Act 1970.

(4) Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references to that enactment as extended or applied, by any other enactment, including this Act.

88 Northern Ireland

(1) Her Majesty may by Order in Council—

(a) extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient, to—

(i) the provision, operation, management or use of public works in Northern Ireland under any enactment relating to a matter in respect of which the Parliament of Northern Ireland does not have power to make laws (in this section referred to as " a reserved enactment "); and

(ii) acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment;

(b) apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948 or Schedule 6 to the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 to the acquisition, otherwise than by agreement, of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment.

(2) An Order in Council under this section may include such provisions as appear to Her Majesty to be incidental to or consequential on any provision contained in such an Order by virtue of subsection (1) above.

(3) An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.

89 Short title, commencement and extent

(1) This Act may be cited as the Land Compensation Act 1973.

(2) Part I of this Act shall not come into force until the expiration of the period of one month beginning with the date on which this Act is passed.

(3) Section 48 above does not affect any compensation which fell or falls to be assessed by reference to prices current on a date before the passing of this Act, and the other provisions of Part IV of this Act relating to the assessment of compensation do not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 17th October 1972.

(4) This Act, except section 88, does not extend to Northern Ireland.