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Section 80.
Modifications etc. (not altering text)
C1Sch. 18 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 5, Pt. II para. 6
Sch. 18 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 7
Commencement Information
I1Sch. 18 partly in force: Sch. 18 partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force for certain purposes (S.) at 30.8.1995 by S.I. 1995/2045, art. 3
Modifications etc. (not altering text)
C2Sch. 18 Pt. I restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 5
Commencement Information
I2Sch. 18 Pt. I partly in force: Sch. 18 Pt. I partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. I partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force (S.)(30.8.1995) for certain purposes by S.I. 1995/2045, art. 3
(1) | (2) |
---|---|
Enactment | Date from which interest payable |
Enactments extending to Great Britain | |
Section 10(4)(a) of the M1Forestry Act 1967 | Date of claim for compensation |
Section 18(1)(a) of the M2Reservoirs Act 1975 | Date of entry on the land |
Section 18(1)(b) of that Act | Date of claim for disturbance |
Section 7 of the M3Ancient Monuments and Archaeological Areas Act 1979 | Date of the refusal, or grant subject to conditions, of scheduled monument consent |
Section 9 of that Act | Date works ceased to be authorised |
Section 46 of that Act | Date of entry on the land |
[F1Section 35A(4) of the Environmental Protection Act 1990 | In the case of so much of the compensation as is payable under section 35A– (a)by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation; (b)by virtue of paragraph (c), (d) or (e) of that regulation: the date on which the loss is sustained or the damage is done; or where injurious affection is sustained: the date of the injurious affection; (c)by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable.] |
[F2Section 78G(5) of that Act | In the case of so much of the compensation as is payable under section 78G– (a)by virtue of paragraph 4(a) or (b) of Schedule 2 (compensation for rights of entry etc.) to the Contaminated Land (England) Regulations 2000, the date of the depreciation; (b)by virtue of paragraph 4(c), (d) or (e) of that Schedule, the date on which the loss is sustained or the damage is done; or where inj urious affection is sustained, the date of the injurious affection; (c) by virtue of paragraph 5(6) of that Schedule, the date on which the expenses become payable. ]F3 |
Enactments extending to England and Wales | |
Section 31(3) of the M4Land Compensation Act 1961 | Date of withdrawal of notice to treat |
Section 11(3) of the M5Compulsory Purchase Act 1965 | Date of entry on the land |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
Section 23 of the M6Highways Act 1980 | Date which would be the date from which interest is payable if the works were executed under Part V by a highway authority |
Section 28(1) of that Act | Date of claim |
Section 73(9) of that Act | Date of claim |
Section 74(8) of that Act | Date of claim |
Section 77(2) of that Act | In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
Section 79(11) of that Act | In the case of loss, the date of the notice; and in the case of injurious affection, the date of claim |
Section 79(12) of that Act | Date of service of the notice |
Section 126(2) of that Act | Date of claim |
Section 231 of that Act | In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
Section 292(1) of that Act | In the case of damage, the date of entry; in the case of disturbance, the date of claim |
Section 57 of the M7Public Health (Control of Disease) Act 1984 | In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
Section 106 of the M8Building Act 1984 | In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
F4 . . . | . . . |
Section 107(1) of the principal Act | Date of order under section 97 |
Section 107(1) of that Act as applied by section 108(1) | Date planning permission is refused or granted subject to conditions |
Section 115 of that Act | Date damage suffered or expenses incurred |
Section 144(2) of that Act | Date of direction under section 141(3) |
Section 186 of that Act | Date of service of stop notice |
Section 203 of that Act | Date consent required by tree preservation order is refused or granted subject to conditions |
Section 204 of that Act | Date direction is given by local planning authority or Secretary of State |
Section 223 of that Act | Date expenses incurred |
Section 250 of that Act | Date of order under section 249(2) |
Section 279(1) of that Act | Date of decision made in accordance with section 266 or of order under section 97 |
Section 279(2) of that Act | Date right extinguished or requirement imposed |
Section 28 of M9Planning (Listed Buildings and Conservation Areas) Act 1990 | Date of order under section 23 |
Section 29 of that Act | Date building preservation notice served |
Section 16 of the M10Planning (Hazardous Substances) Act 1990 | Date of order under section 14(1) |
Section 19 of that Act | Date of modification or revocation of hazardous substances consent |
[F5Section 161B of the Water Resources Act 1991 | In the case of so much of the compensation as is payable under section 161B– (a)by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works Regulations 1999 (compensation following grant of rights), the date of the depreciation; (b)by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage done; or where injurious affection is sustained, the date of the injurious affection; (c)by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable.] |
[F6Paragraph 1 of Schedule 9 to the Water Resources Act 1991 | Date of entry upon or occupation or use of land |
Paragraph 2(2) or (3) of that Schedule | Date of the ordinary drought order [F7or the drought permit] |
Paragraph 2(4) of that Schedule | Date of decision to prohibit or limit the taking of water |
Paragraph 2(5) of that Schedule | Date of suspension or variation of consent to make discharges or of the attachment of conditions to such consent |
Paragraph 2(1) of Schedule 21 to that Act | Date of claim |
Paragraph 2(2) or (3) of that Schedule | In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
Paragraph 4(1)(b) of that Schedule | Date loss is caused or damage done |
Paragraph 5(1) of that Schedule (including that provision as applied by paragraph 5(3)(b) of that Schedule) | Date of claim |
Paragraph 2(1) of Schedule 12 to the Water Industry Act 1991 | Date of claim |
Paragraph 2(2) or (3) of that Schedule | In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
Paragraph 6(1)(b) of that Schedule | Date loss is caused or damage done |
Section 14 of the Land Drainage Act 1991 (including that provision as applied by section 25(4)(b)) | Date of claim |
Section 22 of that Act | Date of claim |
Section 29(5) of that Act (including that provision as applied by sections 30(3) and 31(5)) | Date of claim] |
Enactments extending to Scotland | |
Section 2 of the M11Land Drainage (Scotland) Act 1930 | Date loss is caused or damage done |
Section 1 of the M12Land Drainage (Scotland) Act 1941 | Date of injury or damage |
Section 4 of the M13Land Drainage (Scotland) Act 1958 | Date damage is suffered |
Section 39(3) of the M14Land Compensation (Scotland) Act 1963 | Date of withdrawal of notice to treat |
[F8Section 46B of the Control of Pollution Act 1974 | In the case of so much of the compensation as is payable under section 46B– (a) by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works (Scotland) Regulations 2003 (loss and damage for which compensation payable), the date of the depreciation; (b) by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection; (c) by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable]a |
[F9Section 76 of the Town and Country Planning (Scotland) Act 1997 | Date of order under section 65 |
Section 77 of that Act | Date permission is refused or granted subject to conditions |
Section 83 of that Act | Date damage suffered or expenses incurred |
Section 95 of that Act | Date of direction under section 92(3) |
Section 143 of that Act | Date of service of stop notice |
Section 165 of that Act | Date consent required by tree preservation order is refused or granted subject to conditions |
Section 166 of that Act | Date requirement is imposed by planning authority or Secretary of State |
Section 185 of that Act | Date expenses incurred |
Section 204(1) of that Act | Date on which order takes effect |
Section 232 of that Act | Date planning permission refused or granted subject to conditions |
Paragraph 1 of Schedule 13 to that Act | Date order made |
Section 25 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 | Date of order under section 21 |
Section 26 of that Act | Date building preservation notice served |
Section 14 of the Planning (Hazardous Substances) (Scotland) Act 1997 | Date of order revoking or modifying consent |
Section 17 of that Act | Date of modification or revocation of consent] |
Section 10 of the M15Water (Scotland) Act 1980 | Date damage sustained |
Schedule 6 to that Act | Date source or land is affected or injury is sustained |
Section 71 of the M16Roads (Scotland) Act 1984 | Date access stopped up or limited |
Section 72 of that Act | Date access stopped up |
Section 83(8) of that Act | As regards expenses, date expenses incurred; as regards injurious effect, date injury sustained |
Section 88(2) of that Act | Date on which damage sustained |
Section 106 of that Act | As regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made. |
Section 116 of that Act | Date on which damage sustained |
Section 121 of that Act | Date on which damage done or materials removed |
Section 140 of that Act | Date of damage or disturbance |
Textual Amendments
F1Entry in Sch. 18 Pt. I inserted (1.4.1999) by S.I. 1999/648, art. 2(2)(a)
F2Sch. 18 Pt. I: Entry inserted (E.) (22.2.2002) by S.I. 2002/116, art. 2
F3Section 78G of the Environmental Protection Act 1990 was inserted by section 57 of the Environment Act 1995. For the Contaminated Land (England) Regulations 2000 see S.I. 2000/227, to which there are amendments not relevant to this Order.
F4Entries in Sch. 18 Pt. I repealed (E.W.)(01.12.1991) by Water Consolidation (COnsequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 3, Pt. I (with Sch. 2 paras. 12, 14(1), 15).
F5Entry in Sch. 18 Pt. I inserted (19.7.1999) by S.I. 1999/1765, art. 2
F6Entries in Sch. 18 Pt. I inserted (E.W.)(01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 58.
F7Words in Sch. 18 Pt. I inserted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 7
F8Words in Sch. 18 Pt. I inserted (S.) (1.4.2003) by The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 (S.S.I. 2003/175), arts. 1(1), 2
F9Entries substituted (27.5.1997) for the entries relating to the 1972 Act by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 49(2) (with s. 5, Sch. 3)
Marginal Citations
Commencement Information
I3Sch. 18 Pt. II partly in force; Sch. 18 Pt. II in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. II in force (S.) for certain purposes at 25.9.1991 by S.I. 1991/2092, art. 3
Section 23 of the M17Land Compensation Act 1961 (permission for additional development granted after acquisition).
Marginal Citations
The following provisions of the M18Compulsory Purchase Act 1965—
section 5 (notice to treat ceasing to have effect), and
section 11(1) (entry on land under compulsory purchase powers).
Marginal Citations
The following provisions of the M19Land Compensation Act 1973—
section 18 (claims under Part I of that Act),
section 36(6) (farm loss payment),
section 37(6) (disturbance payments), and
section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).
Marginal Citations
[F10Rule 32 of the Lands Tribunal Rules 1996 M20] (awards with interest by Lands Tribunal).
Textual Amendments
F10Words in Sch. 18 Pt. II substituted (1.4.1999) by S.I. 1999/648, art. 2(3)
Marginal Citations
M20S.I. 1996/1022, amended by S.I. 1997/1965 and 1998/2.
Sections 84 to 86 of the M21Lands Clauses Consolidation (Scotland) Act 1845.
Marginal Citations
Paragraph 3 of Schedule 2 to the M22Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
Marginal Citations
Section 31 (compensation where planning decision made after acquisition) of the M23Land Compensation (Scotland) Act 1963.
Marginal Citations
The following provisions of the M24Land Compensation (Scotland) Act 1973—
section 16 (interest on compensation),
section 33(6) (supplementary provisions about farm loss payments),
section 34(5) (disturbance payments for people without compensatable interests),
section 59 (interest on compensation for injurious affection where no land taken).
Marginal Citations
Section 78 of this Act.