The Conservation (Natural Habitats, &c.) Regulations 1994

Compensation: amount and assessment

91.—(1) The following provisions have effect as to compensation under regulation 25(1) (effect of special nature conservation order: decrease in value of agricultural unit).

(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 the order not been made.

(3) For this purpose–

(a) an interest in land shall be valued as at the time when the order is made; 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 order, 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.

(1)

1973 c. 26.

(2)

1973 c. 56.

(3)

1961 c. 33.

(4)

1963 c. 51.