Town and Country Planning (Scotland) Act 1954

6 Supplementary provisions relating to compulsory acquisitions and to sales

(1) In this Act any reference to the sale or purchase of an interest in land includes a reference to the sale or purchase of such an interest by way of feu ; and in relation to any such sale or purchase—

(a) the price shall be taken for the purposes of this Act to be the capital value of the feu-duty, or, as the case may be, the aggregate consideration represented by the grassum and the capital value of the feu-duty ; and

(b) the last preceding section and sections eleven and forty-five of this Act shall have effect as if the interest sold were identical with the seller's whole interest in the land immediately before the sale.

(2) In the last preceding section—

(a) references to the compensation payable in respect of the acquisition of an interest, or to the price at which an interest was sold to a public authority possessing compulsory purchase powers, shall be construed as excluding so much (if any) of that compensation or price as was attributable to disturbance, or to severance or injurious affection;

(b) references to the existing use value of an interest acquired by or sold to such a public authority are references to the amount of compensation (not being compensation calculated on the basis of equivalent reinstatement and excluding any compensation for disturbance or for severance or injurious affection) which was or would have been payable in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as modified by sections forty-eight to fifty-one of the principal Act.

(3) Subject to the following provisions of this section, references in the last preceding section to the restricted value of an interest in land, in relation to a sale of that interest, are references to the amount which, for the purposes of Part V of the principal Act, would have been taken to be the restricted value of that interest on the appointed day if—

(a) the date of the sale had been appointed as the appointed day for the purposes of the said Part V and, so far as required for the purposes of that Part, for the purposes of the Third Schedule to the principal Act;

(b) references to the seventh day of January, nineteen hundred and forty-seven, in subsection (5) of section fifty-eight of the principal Act (which requires values to be calculated by reference to prices current immediately before that day) were references to the date of the sale;

(c) in a case where the interest was sold subject to a heritable security, subsection (5) of section fifty-nine of the principal Act (which requires an interest subject to a heritable security to be valued as if the security had been discharged) did not apply ;

(d) in a case where the land was requisitioned land at the date of the sale and, by reason of a payment under the War Damage Act, 1943, the value of the claim holding referred to in subsection (1) of the last preceding section was affected by a redetermination of development value under paragraph 6 of the First Schedule to this Act, the state of the land had been at the date of the sale what it would have been at the beginning of the period of requisition if the war damage had occurred immediately before the beginning of that period; and

(e) in a case where the value of the claim holding aforesaid was affected by reason of the fact that Rule (3) of the Rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, was disregarded as mentioned in paragraph 10 of the First Schedule to this Act, the reference in subsection (1) of section fifty-nine of the principal Act to the said Rule (3) were omitted :

Provided that where the Secretary of State issued in respect of that land or any part thereof a certificate under section seventy-seven of the principal Act (which relates to land ripe for development before the first day of July, nineteen hundred and forty-eight) and at the date of the sale the development specified in the certificate had not been completed, then—

(i) that certificate shall be deemed not to have been issued, but

(ii) the said references in the last preceding section shall be construed as references to the amount aforesaid increased by the amount of any development charge which, in the opinion of the Central Land Board, would have been determined to be payable in respect of so much of that development as had not been completed, if it had been completed and if the certificate had not been issued and the charge had fallen to be determined at the date of the sale.

(4) Where, in determining the development value of the interest in land to which the claim holding related, a deduction was made in accordance with subsection (6) of section fifty-eight of the principal Act (which requires certain amounts prospectively payable, as compensation for severance or injurious affection, to be deducted in computing the unrestricted value of an interest), or where, in the opinion of the Central Land Board, or, where the Board's determination is referred to the Lands Tribunal under section thirteen of this Act, of that Tribunal, if the development value of the interest had fallen to be determined such a deduction would have been made, then, for the purposes of paragraph (b) of subsection (1) and paragraph (b) of subsection (4) of the last preceding section, the value of the claim holding shall be treated as increased by the amount which would have been the amount of the deduction under the said subsection (6) if the date of the sale had been appointed as the appointed day for the purposes of Part V of the principal Act.

(5) Where, in determining the development value of the interest in land to which the claim holding related, the restricted value of the interest on the appointed day was taken to be a minus quantity, or where, in the opinion of the Central Land Board, or, where the Board's determination is referred to the Lands Tribunal under section thirteen of this Act, of that Tribunal, if the development value of the interest had fallen to be determined the restricted value of the interest on that day would have been a minus quantity, then, for the purposes of paragraph (a) of subsection (1) and paragraph (a) of subsection (4) of the last preceding section, the value of the claim holding shall be treated as reduced by the amount of that minus quantity:

Provided that where the whole or part of any liability or prospective liability which was or, as the case may be, would have been taken into account in calculating that restricted value had ceased to exist before the date of the compulsory acquisition or sale, the Board, or, as the case may be, the Lands Tribunal may, if they think it just and proper so to do, waive in whole or in part, as may appear to them appropriate, any reduction otherwise falling to be made under this subsection.

(6) For the purposes of this Part of this Act a compulsory acquisition or sale of an interest in land shall be taken to have occurred on the date of service of the notice to treat or, as the case may be, on the date of the making of the contract of sale, or, in the case of the exercise of an option, the date on which the option was granted.