[F1Compensation: amount and assessmentE+W
91.—(1) The following provisions have effect as to compensation under [F2regulation 25 (compensation for effect of notice)].
(2) The amount of the compensation shall be the difference between the value of the interest in question and what it would have been had [F3notice not been given].
(3) For this purpose–
(a)an interest in land shall be valued as at the time when [F4notice is given]; and
(b)where a person, by reason of his having more than one interest in land, makes more than one claim in respect of the same [F5restriction having effect by virtue of notice being given under regulation 23], his various interests shall be valued together.
(4) Section 10 of the Land Compensation Act 1973(1) (mortgages, trusts for sale and settlements) or section 10 of the Land Compensation (Scotland) Act 1973(2) apply in relation to compensation under regulation 25(1) as in relation to compensation under Part I of that Act.
(5) For the purposes of assessing compensation under regulation 25(1), the rules set out in section 5 of the Land Compensation Act 1961(3) or section 12 of the Land Compensation (Scotland) Act 1963(4) have effect, so far as applicable and subject to any necessary modifications, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.]
Textual Amendments
F1Regs. 87-93 revoked (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 22(c) (with regs. 20, 21)
F2Words in reg. 91(1) substituted (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(3)(a) (with reg. 12)
F3Words in reg. 91(2) substituted (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(3)(b) (with reg. 12)
F4Words in reg. 91(3)(a) substituted (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(3)(c) (with reg. 12)
F5Words in reg. 91(3)(b) substituted (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 11(3)(d) (with reg. 12)
Commencement Information
I1Reg. 91 in force at 30.10.1994, see reg. 1(2)