Town and Country Planning (Scotland) Act 1997

Charges and tenancies S

32 (1) Where land specified in a general vesting declaration under this Act is, together with other land not so specified, charged with a charge, such proportion of the charge as may be apportioned under section 109 of the Lands Clauses Consolidation (Scotland) Act 1845 to the first mentioned land shall, subject to sub-paragraph (3), be treated as having been extinguished by virtue of paragraphs 6 to 8 on the vesting of that land in the acquiring authority under those paragraphs. S

(2) Where by virtue of sub-paragraph (1) a portion of a charge is treated as having been extinguished, sections 108 to 111 of the Act of 1845 shall have effect as if the extinguishment had taken place under section 110 of that Act.

(3) If, in the circumstances described in sub-paragraph (1), the person entitled to the charge and the owner of the land subject to it enter into an agreement to that effect, sections 108 to 111 of the Act of 1845 shall have effect as if, at the time of the vesting of the land in the acquiring authority under paragraphs 6 to 8, the person entitled to the charge had released that land from the charge on the condition mentioned in section 109 of that Act; and in that case no part of the charge shall be treated as having been extinguished as regards the remaining part of the land charged with it.

(4) In this paragraph “charge” means any such feuduty, ground annual or rent or other payment or incumbrance as is mentioned in the introductory words to sections 107 to 111 of the Act of 1845.

33 S Where land specified in a general vesting declaration under this Act is, together with other land not so specified, comprised in a tenancy for a term of years unexpired, section 112 of the M1 Lands Clauses Consolidation (Scotland) Act 1845 shall have effect in relation to it as if for references to the time of the apportionment of rent mentioned in it there were substituted references to the time of the vesting of the tenancy in the acquiring authority.

Marginal Citations

M1 1845 c. 19.

34 S Where any of the land specified in a general vesting declaration under this Act has become vested in an acquiring authority under paragraphs 6 to 8, any person who, in consequence of it, is relieved from any liability (whether in respect of F1 ... rent, interest on a heritable security or any other payment) and makes any payment as in satisfaction or part satisfaction of that liability shall, if he shows that when he made the payment he did not know of the facts which constituted the cause of his being so relieved, or of one or more of those facts, be entitled to recover the sum paid from the person to whom it was paid.

Textual Amendments

F1 Words in Sch. 15 para. 34 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 60(6)(b), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2