The Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999

Additions to provisions relating to interest on compensation

2.—(1) Schedule 18 to the Planning and Compensation Act 1991 shall be amended as follows.

(2) In Part I (compensation provisions that do not provide for interest)–

(a) after the entry relating to section 46 of the Ancient Monuments and Archaeological Areas Act 1979(1) there shall be inserted–

“Section 35A(4) of the Environmental Protection Act 1990

In the case of so much of the compensation as is payable under section 35A– (a) by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation; (b) by virtue of paragraph (c), (d) or (e) of that regulation: the date on which the loss is sustained or the damage is done; or where injurious affection is sustained: the date of the injurious affection; (c) by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable.(2)”

(3) In Part II (provisions that provide for interest), for “Rule 38 of the Lands Tribunal Rules 1975” there shall be substituted “Rule 32 of the Lands Tribunal Rules 1996(3)”.

(1)

1979 c. 46.

(2)

Section 35A of the Environmental Protection Act 1990 (c. 43) was inserted by the Environment Act 1995 (c. 25), Schedule 22, paragraph 67. For the Waste Management Licences (Consultation and Compensation) Regulations see S.I. 1999/481.

(3)

S.I. 1996/1022, amended by S.I. 1997/1965 and 1998/2.