Land Compensation Act 1973

19 Interpretation of Part I

(1) In this Part of this Act—

• " the appropriate highway authority " means—

  (a)

  except where paragraph (b) below applies, the highway authority who constructed the highway to which the claim relates ;

  (b)

  if and so far as the claim relates to depreciation that would not have been caused but for alterations to the carriageway of a highway, the highway authority who carried out the alterations ;

• " claim " means a claim under this Part of this Act and "the claimant" means the person making such a claim;

• " the claim period " has the meaning given in section 3(2) above but subject to section 14(1) above and subsection (3) below;

• " commencement date " means the date on which this Part of this Act comes into force;

• " highway " includes part of a highway and, in relation to England and Wales, means a highway or part of a highway maintainable at the public expense as defined in section 295(1) of the [1959 c. 25.] Highways Act 1959 and, in relation to Scotland, means a highway or part of a highway within the meaning of the [1970 c. 20.] Roads (Scotland) Act 1970;

• " highway authority ", in relation to Scotland, has the meaning assigned to it in the said Act of 1970 ;

• " land ", in relation to Scotland, includes salmon fishings ;

• " public works " and " responsible authority " have the meaning given in section 1 above ;

• "the relevant date " has the meaning given in sections 1(9) and 9(2) above,

(2) For the purposes of sections 2(1), 11(1) and 14(2) above an interest acquired or disposed of, or a tenancy granted, pursuant to a contract shall be treated as acquired, disposed of or granted when the contract was made.

(3) In the application of this Part of this Act to a highway which has not always since 17th October 1969 been a highway maintainable at the public expense as defined above—

(a) references to its being open to public traffic shall be construed as references to its being so open whether or not as a highway so maintainable ;

(b) for references to the highway authority who constructed it there shall be substituted references to the highway authority for the highway;

and no claim shall be made if the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date but, if it does, the claim period shall be treated as continuing until the end of one year from the date on which it becomes so maintainable if, apart from this provision, that period would end earlier.

(4) In the application of subsection (3) above to Scotland—

(a) for the words from " highway which" to " defined above " and " highway so maintainable " there shall be substituted respectively the words " road which has not always since 17th October 1969 been a highway " and " highway ";

(b) for the words " the highway was not so maintainable and the highway does not become so maintainable " there shall be substituted the words " the road was not a highway and the road does not become a highway ";

(c) for the words " it becomes so maintainable " there shall be substituted the words " it becomes a highway ".