Housing (Scotland) Act 1987

183 Compensation payable to dispossessed proprietor. S

(1) The local authority shall be liable to pay the dispossessed proprietor compensation in respect of the period during which the control order is in force at an annual rate of an amount equal to one half of the gross annual value for rating purposes of the house as shown in the valuation roll on the date when the control order comes into force.

(2) Compensation due under this section—

(a) shall be payable by quarterly instalments, the first instalment being payable 3 months after the date when the control order comes into force;

(b) is to be considered as accruing due from day to day and shall be apportionable in respect of time accordingly.

(3) If at the time when compensation under this section accrues due the estate or interest of the dispossessed proprietor is subject to any heritable security or charge, the compensation shall be deemed to be comprised in that heritable security or charge.

(4) For the purposes of the references in this section to the gross annual value of a house—

(a) where after the date on which the control order comes into force the valuation roll is altered so as to vary the gross annual value of the house or of the lands and heritages of which house forms part, and the alteration has effect from a date not later than the date on which the control order comes into force, compensation shall be payable under this section as if the gross annual value of the house or lands and heritages shown in the valuation roll on the date when the control order came into force had been the amount of the value shown on the roll as altered; and

(b) if the house forms part only of any lands and heritages, such proportion of the gross annual value shown in the valuation roll for those lands and heritages as may be agreed in writing between the local authority and the person claiming the compensation shall be the gross annual value of the house;

and any dispute arising under paragraph (b) shall be determined by the sheriff on the application of either party.

(5) If different persons are the dispossessed proprietors of different parts of any house, compensation payable under this section shall be apportioned between them in such manner as they may agree (or as may, in default of agreement, be determined by the sheriff on the application of any of such persons) according to the proportions of the gross annual value of the house properly attributable to the parts of the house in which they are respectively interested.

(6) In the application of this section to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the M1 Valuation and Rating (Scotland) Act 1956 ( and for which there is therefore no gross annual value shown in the valuation roll)—

(a) in subsection (1), for the words “one half of the gross” there shall be substituted the words “0.625 of the net”, and

(b) in each of subsections (4) and (5), for the word “gross”, whenever it occurs, there shall be substituted the word “net”.

Marginal Citations

M1 1956 c. 60.