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Revised Statute from The UK Statute Law Database

Land Compensation (Scotland) Act 1963 (c. 51)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Land Compensation (Scotland) Act 1963

1963 CHAPTER 51

Contents

Go to Preamble

  1. Part I

    1. 1—7... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Part II

    Determination of Questions of Disputed Compensation by Lands Tribunal

    1. 8. Tribunal for assessing compensation in respect of land compulsorily acquired

    2. 9. Procedure on references under s. 8

    3. 10. Consolidation of proceedings on claims in respect of several interests in the same land

    4. 11. Expenses

  3. Part III

    Provisions determining amount of compensation

    1. General provisions

      1. 12. Rules for assessing compensation

      2. 13. Disregard of actual or prospective development in certain cases

      3. 14. Effect of certain actual or prospective development of adjacent land in same ownership

      4. 15. Subsequent acquisition of adjacent land and acquisition governed by enactment corresponding to s. 14

      5. 16. Disregard of depreciation due to prospect of acquisition by authority possessing compulsory purchase powers

    2. Special Cases

      1. 17. Acquisition of houses unfit for human habitation

      2. 17A. Expenses of owners not in occupation

      3. 18. Land of statutory undertakers

      4. 19. Outstanding right to compensation for refusal, etc. of planning permission

      5. 20. Consideration in respect of discharge of feu-duty, etc

      6. 21. War-damaged land

    3. Assumptions as to planning permission

      1. 22. Assumptions as to planning permission

      2. 23. Assumptions not directly derived from development plans

      3. 24. Special assumptions in respect of certain land comprised in development plans

  4. Part IV

    Certification by Planning Authorities of Appropriate Alternative Development

    1. 25. Certification of appropriate alternative development

    2. 26. Appeals against certificates under s. 25

    3. 27. Extension of ss. 25 and 26 to special cases

    4. 28. Power to prescribe matters relevant to Part IV

    5. 29. Proceedings for challenging validity of decision on appeal under s. 26

    6. 30. Interpretation of Part IV

  5. Part V

    1. 31—37... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. Part V

    Compensation where Permission for Additional Development Granted after Acquisition

    1. 31. Compensation where planning decision made after acquisition

    2. 32. Provisions as to claims under section 31

    3. 33. Extension to planning permission where no planning decision made

    4. 34. Extension to Crown development

    5. 35. Application of Part V to certain cases

    6. 36. Regulations for purposes of Part V

    7. 37. Interpretation of Part IV

  7. Part VI

    Miscellaneous and General

    1. 38. Power to pay allowances to persons displaced

    2. 39. Withdrawal of notices to treat

    3. 40. Rate of interest after entry on land

    4. 41. Application of Act to Crown

    5. 42. Certificates of value

    6. 43. Saving for certain statutory purchases of statutory undertakings

    7. 44. Provisions as to inquiries and service of notices

    8. 45. Interpretation

    9. 46. Amendment of s. 1 (6) of the Lands Tribunal Act 1949

    10. 47. Consequential amendments, repeals, and transitional provisions

    11. 48. Saving for transactions before commencement of Act

    12. 49. Short title, commencement and extent

  8. SCHEDULE 1

    Part I

  9. SCHEDULE 2

    ACQUISITION OF HOUSES WHICH DO NOT MEET THE TOLERABLE STANDARD

  10. SCHEDULES 3

  11. Third Schedule

    Application of Part V to Certain Cases

  12. SCHEDULES 4

An Act to consolidate the Acquisition of Land (Assessment of Compensation) Act 1919 and certain other enactments relating to the assessment of compensation in respect of compulsory acquisitions of interests in land; to the withdrawal of notices to treat; and to the payment of additional compensation and of allowances in connection with such acquisitions or with certain sales by agreement of interests in land; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[31st July 1963]

Annotations:

Modifications etc. (not altering text)

C1Act applied with modifications by Acts listed in Chronological Table of the Statutes and Local Government, Planning and Land Act 1980 (c. 65), Sch. 27 para. 22; extended by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 108(5), Land Compensation (Scotland) Act 1973 (c. 56), s. 68(5); excluded by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 107(4); amended ibid., s. 17(1), Sch. 21 Pt. I

C2Act applied and modified by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 110(4), 117(1)

C3Act applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(4), 77(4), 120(3), 121(5), 126(4)(6), 335, Sch. 1

C4Act applied by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 95(3), 335, Sch. 8 Pt. III para. 12(1), and Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 36(3)

Act applied (27.7.1993) by 1993 c. xii, s. 1, Sch. ss. 7(3), 17(3)

Act applied (24.3.1994) by 1994 c. iii, s. 1, Sch. Pt. II, s. 10(6) (with Sch. s. 27)

Act applied (27.5.1997) by 1997 c. 8, ss. 194(5), 278(2)

Act applied (27.5.1997) by 1997 c. 9, ss. 46(5), 83(2) (with s. 45(4))

C5Act modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 77(3)(4), 335, Sch. 6 para. 6

Act modified (5.1.1994) by 1993 c. 44, ss. 57(1), 64(2) (with s. 30(5), Sch. 6 para. 4)

Act modified (27.5.1997) by 1997 c. 8, ss. 24(4), 278(2), Sch. 1 para. 5

Act modified (27.5.1997) by 1997 c. 8, ss. 116(3), 278(2)

Act modified (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. I, para. 6

C6Act restricted (24.3.1994) by 1994 c. i, s. 1, Sch. Pt. III, s. 24(3) (with Sch. ss. 29, 30, 34(2)(15)

Act restricted (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. III, s. 20(3) (with Sch. s. 25)

Act restricted (24.3.1994) by 1994 c. iii, s. 1, Sch. Pt. III, s. 22(3) (with Sch. s. 27)

C7Act amended (27.5.1997) by 1997 c. 8, ss. 24(1), 278(2)

Act amended (27.5.1997) by 1997 c. 8, ss. 24(4), 278(2), Sch. 1 para. 2

Act amended (27.5.1997) by 1997 c. 8, ss. 24(6), 278(2)

C8Act excluded (27.5.1997) by 1997 c. 9, ss. 45(4), 83(2)

Commencement Information

I1Act partly in force at 1.1.1964; Act wholly in force at 1.3.1971 see s. 49(2)

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