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Section 10(4).
1—If the Lands Tribunal are satisfied that the rent of any premises was enhanced by reason of their being used for illegal purposes, the compensation shall, so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes.
2—If the Lands Tribunal are satisfied that the rent of any premises was higher than that generally obtained at the time for similar premises in the locality and that such enhanced rent was obtained by reason of the premises being overcrowded within the meaning of Part VII, the compensation shall, so far as it is based on rent, be based on the rent so generally obtained.
3.—The local authority may tender evidence as to the matters mentioned in paragraphs 1 or 2 although they have not taken any steps to remedy them.
4—The Lands Tribunal shall (except as provided in section 15(1) of the Land Compensation (Scotland) Act 1963) have regard to, and make an allowance in respect of, any increased value which, in their opinion, will be given to other premises of the same owner by the demolition by the local authority of any buildings.
5—The Lands Tribunal shall embody in their award a statement showing separately whether compensation has been reduced by reference to the use of the premises for illegal purposes, to overcrowding, and to the considerations mentioned in paragraph 4 of this Schedule, and the amount (if any) by which compensation has been reduced by reference to each of those matters.
Section 44(4), (5)
F1Sch. 2 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(42); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Sections 48 and 51.
F1Sch. 3 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(42); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Section 55(6).
F1Sch. 4 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(42); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Section 57(3).
F1Sch. 5 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(42); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Section 77(3).
F1Sch. 6 heading substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(4)(a)
1—Paragraphs 1(2), 6 to 13 and 16 to 39 of [F1Schedule 15] only shall apply and in them any reference to a general vesting declaration shall be treated as a reference to an order under section 77.
F1Words in Sch. 6 para. 1 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(4)(b)
2—The references in paragraphs 6, 7 and 37 of that Schedule to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 thereof to the acquiring authority having made a general vesting declaration shall be treated as a reference to such order having come into force.
3—In paragraph 6 of that Schedule—
(a)the reference to every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have a served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such order relates is vested by the order in the landlord; and
(b)sub-paragraph (a) shall be omitted.
4—The reference in paragraph 20(2) of that Schedule to the date on which the notice required by paragraph 4 thereof is served on any person shall be treated as a reference to the date on which such an order comes into force.
5—In paragraph 29 of that Schedule—
(a)sub-paragraph (1)(a) shall be omitted; and
(b)the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which such order came into force.
6—Any reference to the date of service of a notice to treat shall be treated as a reference to the date on which an order under section 77 comes into force.
7—Section 25(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority” there were substituted the words “an order under section 77 of the Housing (Scotland) Act 1987 vesting the land in which the interest subsists in the landlord has come into force, or an agreement has been made for the sale of the interest to the landlord”.
8—In section 30—
(a)subsection (2) shall be treated as if at the end of paragraph (c) there were added the words—
“; or—
(d)where an order has been made under section 77 of the Housing (Scotland) Act 1987 vesting the land in which the interest subsists in the landlord.”; and
(b)subsection (3) shall be treated as if in paragraph (a) the words “or (d)” were inserted after the words “subsection (2)(b)”.
9—Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under the said section 77.
10—In Schedule 2, paragraph 2(1)(a) shall be treated as if the words “or the coming into force of an order under section 77 of the Housing (Scotland) Act 1987 for the vesting of the land in the landlord” were inserted after the word “land”.
Housing (Scotland) Act 1987