Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

F1 4 S The following provisions shall have effect in substitution for the provisions of section ninety of the Lands Clauses Consolidation (Scotland) Act, 1845, that is to say, no person shall be required to sell a part only of any house, building or manufactory, or of a park or garden belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the tribunal by whom the compensation is to be assessed determines that, in the case of a house, building or manufactory, such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or, in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house, and, if the tribunal so determines, the tribunal shall award compensation in respect of any loss due to the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell to the acquiring authority that part of the house, building, manufactory, park or garden.

Textual Amendments

F1 Sch. 2 para. 4: by Gas Act 1986 (c. 44) , s. 9(3), Sch. 3 para. 22 it is provided that for para. 4 there shall be substituted the provisions substituted by paragraph 8 of that Schedule for section 8(1) of the Compulsory Purchase Act 1965 (c. 56), and that any reference in those provisions to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Scotland.

Modifications etc. (not altering text)

C1 Sch. 2 para. 4 amended by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 54(1)

C2 Sch. 2 para. 4 modified by Land Compensation (Scotland) Act 1973 (c.56, SIF 28:2), s. 63(3)

C3 Sch. 1 para. 4 excluded (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. II para. 19