SCHEDULES
SCHEDULE 8Powers in relation to land: compensation
Part 3General
Disputes
I18
Where any dispute arises—
a
as to whether compensation is payable under this Schedule,
b
as to the amount of compensation payable, or
c
as to the persons to whom compensation is payable,
the dispute is to be referred to and determined by the appropriate tribunal.
Statutory undertakers
I29
A statutory undertaker is not entitled to recover compensation under this Schedule in a case in which compensation is recoverable by the undertaker under Schedule 9.
Interpretation
I310
In this Schedule—
“the appropriate tribunal”—
- a
in relation to England and Wales, means the Upper Tribunal;
- b
in relation to Scotland, means the Lands Tribunal for Scotland;
- c
in relation in Northern Ireland, means the Lands Tribunal for Northern Ireland;
- a
“the land compensation provisions”—
- a
in the case of land in England and Wales, means section 5 of the Land Compensation Act 1961;
- b
in the case of land in Scotland, means section 12 of the Land Compensation (Scotland) Act 1963;
- c
in the case of land in Northern Ireland, means the Land Compensation (Northern Ireland) Order 1982 (despite paragraph 4 of Schedule 1 to that Order, which confines the operation of the Order to matters that were within the legislative competence of the Parliament of the Northern Ireland);
- a
“mortgage” includes an equitable charge and any other encumbrance, and also includes a sub-mortgage;
“mortgagee” is to be read accordingly;
“heritable security” means a heritable security within the meaning of the Conveyancing (Scotland) Act 1924, but inclusive of a security constituted by ex facie absolute disposition.