Land Compensation (Scotland) Act 1973

54 Determination of material detriment where part of house etc. proposed for compulsory acquisition

(1) In determining under paragraph 4 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or section 191(2) of, or paragraph 26 of Schedule 24 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 whether—

(a) part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory ; or

(b) part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Lands Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

(2) Subsection (1) above shall apply with the necessary modifications to any determination—

(a) under the said paragraph 4 as substituted by paragraph 24 of Schedule 2 to the [1972 c. 60.] Gas Act 1972 (compulsory acquisition of rights over land); or

(b) under any provision corresponding to or substituted for the said paragraph 4 which is contained in, or in an instrument made under, any other enactment including (except where otherwise provided) an enactment passed after 23rd May 1973.