Town and Country Planning (Scotland) Act 1954

58 Recovery, on subsequent development, of payments under s. 56 of principal Act

(1) Where a payment under section fifty-six of the principal Act (other than a payment not exceeding twenty pounds) has become payable in respect of an interest in land, or becomes so payable after the commencement of this Act, the Central Land Board shall cause notice of the payment in the prescribed form, specifying the land to which it relates and the amount of the payment, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the local planning authority and to any other person appearing to the Board to be interested :

Provided that—

(a) the preceding provisions of this subsection shall not apply to any amount which is recoverable under subsection (7) of section fifty-four of this Act or which would be so recoverable but for the provisions of paragraph (a) of the proviso to that subsection ;

(b) if a development charge was (whether before or after the commencement of this Act) determined to be payable in respect of the land to which the payment related or relates (in this proviso referred to as " the payment area "), or in respect of land which included the payment area, the preceding provisions of this subsection shall not apply to that payment; and

(c) if a development charge was (whether before or after the commencement of this Act) determined to be payable in respect of part of the payment area, or in respect of land which included part (but not the whole) of that area, the preceding provisions of this subsection shall apply as if separate payments of so much of the amount aforesaid as is respectively attributable thereto had been payable in respect of that part of the payment area and of the remainder of that area.

(2) Section thirty of this Act, except subsection (10) thereof, shall have effect with the necessary modifications in relation to any payment specified in a notice recorded under this section, and to development of land to which such compensation relates, as it has effect in relation to the compensation specified in a notice recorded under section twenty-nine of this Act and to development of land to which that compensation relates:

Provided that—

(a) the said section thirty shall apply for the purposes of this section as if that section applied to every description of new development; and

(b) no amount shall be recoverable by the Secretary of State under the said section thirty as applied by this subsection in relation to any land in relation to which an amount has become recoverable by the Central Land Board under subsection (7) of section fifty-four of this Act.

(3) For the purposes of this Part of this Act a payment under section fifty-six of the principal Act shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under the said section fifty-six, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it as between different parts of that land.

(4) References in this section to the amount of a payment under section fifty-six of the principal Act shall be construed as including any interest payable thereon under subsection (3) of section sixty-two of that Act.