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Land Compensation (Scotland) Act 1973
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- 01/02/1991- Amendment
- 25/09/1991- Amendment
- 30/09/2002
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There are currently no known outstanding effects for the Land Compensation (Scotland) Act 1973, Section 30.
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30 Home loss payments for certain caravan dwellers.S
(1)Sections 27 to 29 above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as they have effect in relation to a person displaced from a dwelling on any land but shall so have effect subject to the following modifications.
(2)No home loss payment [F1or discretionary payment] shall be made to any person by virtue of this section except where no suitable alternative site for stationing a caravan is available to him on reasonable terms.
(3)Subsection (1) of section 27 above shall have effect as if for the words preceding paragraph (a) there were substituted the words “ Where a person residing in a caravan on a caravan site is displaced from that site in consequence of ” and subsection (2) of that section shall have effect as if for paragraphs (a) and (b) there were substituted—
F2“(a)he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and
(b)he has been in such occupation of the site by virtue of an interest or right to which this section applies”
[F3(4)Section 28 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.]
(5)Section 29 above shall have effect—
[F4(a)as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;]
(b)as if in subsection (4) for the words “resided in the dwelling, or a substantial part of it” there were substituted the words “resided in a caravan on the caravan site”; and
(c)as if for subsection (5) there were substituted—
“(5)Where any land comprises two or more caravan sites and the claimant has successively been in occupation of or resided in a caravan on different caravan sites on that land, section 27(2) above and subsections [F5(3) to (4)] above shall have effect as if those sites were the same site”.
(6)Sections 27 to 29 above shall have effect as if in any provision not modified as aforesaid for any reference to a dwelling or land there were substituted a reference to a caravan site.
(7)In this section “caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.
Textual Amendments
F1Words in s. 30(2) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(8)(a)(9) (with s. 84(5)); S.I. 1991/2092, art. 3
F2Words in s. 30(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(8)(b)(9) (with s. 84(5)); S.I. 1991/2092, art.3
F3S. 30(4) (which was repealed (1.4.1989) by S.I. 1989/47, reg. 3) is expressed to be substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(8)(c)(9) (with s. 84(5)); S.I. 1991/2092, art. 3
F4S. 30(5)(a) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(8)(d)(9) (with s. 84(5)); S.I. 1991/2092, art. 3
F5Words in s. 30(5)(c) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(8)(9) (with s. 84(5)); S.I. 1991/2092, art. 3
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