SCHEDULES

I3C2 SCHEDULE 18 Compensation Provisions Referred to in Section 80

Section 80.

Annotations:
Commencement Information
I3

Sch. 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)

I1C1 Part I Provisions that do not Provide for Interest

Annotations:
Commencement Information
I1

Sch. 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

Amendments (Textual)
F1

Entry in Sch. 18 Pt. I inserted (1.4.1999) by S.I. 1999/648, art. 2(2)(a)

F2

Sch. 18 Pt. I: Entry inserted (E.) (22.2.2002) by S.I. 2002/116, art. 2

F3

Section 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.

F13

Sch. 18 Pt. I entry repealed (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 31, Sch. 15 Pt. 3; S.I. 2010/708, art. 6(e)(f) (with Sch. 2); S.I. 2010/1547, art. 2(e)(f) (with Sch. 1)

F4

Entries 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 I repealed (E.W.)(01.12.1991) by Water Consolidation (COnsequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 3, Pt.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).

F15

Words in Sch. 18 Pt. I inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 20(2) (with s. 226); S.I. 2012/601, art. 2(a)

F14

Words in Sch. 18 Pt. I repealed (6.4.2009 for E.W. for specified purposes, 6.4.2012 for E. in so far as not already in force) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 20(3), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(o); S.I. 2012/601, art. 2(a)(c), Sch.

F5

Entry in Sch. 18 Pt. I inserted (19.7.1999) by S.I. 1999/1765, art. 2

F6

Entries 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.

F7

Words in Sch. 18 Pt. I inserted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 7

F8

Entries 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)

Modifications etc. (not altering text)
C1

Sch. 18 Pt. I restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 5

(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) F16or (3A) 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

F13 . . .

. . .

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

F13Section 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

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F4 . . .

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F4 . . .

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F4 . . .

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F4 . . .

. . .

F4 . . .

. . .

F4 . . .

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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

F15Section 202E of that Act

Date—

  1. a

    any consent required by tree preservation regulations is refused,

  2. b

    any such consent is granted subject to conditions, or

  3. c

    any approval required under such a condition is refused.

F14. . .

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F14. . .

F14. . .

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

F9F11Section 46B of the Control of Pollution Act 1974

In the case of so much of the compensation as is payable under section 46B–

  1. 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;

  2. 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;

  3. c

    by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable

F8Section 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

I2Part II Provisions that Provide for Interest

Annotations:
Commencement Information
I2

Sch. 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

Enactments extending to England and Wales

Annotations:
Amendments (Textual)
F10

Sch. 18 Pt. II entry repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 9 (with s. 111); S.I. 2004/2593, art. 2(e)

Marginal Citations

Section 23 of the M17Land Compensation Act 1961 (permission for additional development granted after acquisition).

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).

The following provisions of the M19Land Compensation Act 1973—

  • section 18 (claims under Part I of that Act),

  • F10...

  • section 37(6) (disturbance payments), and

  • section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).

F12Rule 32 of the Lands Tribunal Rules 1996 (awards with interest by Lands Chamber of the Upper Tribunal).

Enactments extending to Scotland

Annotations:
Marginal Citations

Sections 84 to 86 of the M20Lands Clauses Consolidation (Scotland) Act 1845.

Paragraph 3 of Schedule 2 to the M21Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Section 31 (compensation where planning decision made after acquisition) of the M22Land Compensation (Scotland) Act 1963.

The following provisions of the M23Land 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).

Section 78 of this Act.