Office of Public Sector Information
SCHEDULE 13 continued
5 In section 12 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.
6 After section 17 of the Land Compensation (Scotland) Act 1963 there is inserted—
Where, in consequence of any compulsory acquisition of land—
(a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and
(b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,
the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.”.
7 (1) In section 22(1) of the Land Compensation (Scotland) Act 1963 after “shall” there is inserted “(subject to subsection (3A) of this section)”.
(2) In section 22(3) of that Act, for the words from “but” to the end there is substituted—
“(3A) In determining—
(a) for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or
(b) whether any of the assumptions mentioned in section 24 of this Act (but not section 23) are applicable to the relevant land or any part thereof,
regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part IV of this Act.”
8 In section 25 of that Act—
(a) for the words from the beginning of subsection (2) to “acquire it” there is substituted “If the authority proposing to acquire the interest”, and
(b) subsection (8) is omitted.
9 In section 27(1) of that Act for “in the circumstances mentioned in section 25(1) of this Act” there is substituted “by an authority possessing compulsory purchase powers”.
10 Section 30(3) of that Act is omitted.
11 In each of sections 182(1)(c) (power to serve blight notice) and 190(1)(b) (power of heritable creditor to serve blight notice) of the 1972 Act, after “interest” there is inserted “or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable”.
12 For section 218 (acquisition of land of statutory undertakers) of the 1972 Act, there is substituted—
(1) This section applies to any compulsory purchase order under this Act authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.
(2) Paragraph 10 (protection of land of statutory undertakers) of Schedule 1 to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall not apply to such an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.”
13 (1) After section 18 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973 there is inserted—
(1) The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—
(a) is not a building;
(b) is occupied by a person as his only or main residence; and
(c) is affected or likely to be affected by noise caused by the construction or use of public works.
(2) Regulations under this section may—
(a) make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;
(b) specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and
(c) make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.
(3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsections (3), (6) and (11) of section 18 above apply for the purposes of this section as they apply for the purposes of that.”
(2) This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the [1973 c. 56.] Land Compensation (Scotland) Act 1973 fell more than twelve months before the date on which this paragraph comes into force.
14 (1) Section 31 of the Land Compensation (Scotland) Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.
(2) For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—
“(a) in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired;”.
(3) In subsection (2) (interests qualifying for compensation)—
(a) for the words from “lease” where it first appears to “three years” there is substituted “where his interest is as a lessee for a year or from year to year or a greater interest,”; and
(b) at the end there is inserted “, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify”.
(4) After that subsection there is inserted—
“(2A) The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(5) At the end of subsection (3)(a) (meaning of displacement) there is added “or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority”.
(6) Subsection (6) is omitted.
15 At the end of section 55(7) of the Land Compensation (Scotland) Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 253(7) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972).”
16 In section 28 (power to prescribe matters relevant to Part IV) of the Land Compensation (Scotland) Act 1963, for the words “The provisions which may be made by a development order shall” there are substituted the words “Regulations made under section 273(1)(c) of the Town and Country Planning (Scotland) Act 1972 or a development order may”.
17 In section 181 of the 1972 Act (blighted land) for paragraph (h) of subsection (1) there is substituted—
“(h) is land comprised in the site of a road as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the planning authority;”.
18 In section 273 (regulations) of the 1972 Act, after subsection (1)(b) there is inserted “and
(c) for any of the purposes mentioned in section 28 (power to prescribe matters relevant to Part IV) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963;”.
19 In section 24 (acquisition of land in connection with public works) of the Land Compensation (Scotland) Act 1973—
(a) in subsection (2) for the word “vendor” there shall be substituted the word “seller”, and
(b) in subsection (5), for “and (2)” there is substituted “(2) and (2A)”.
20 (1) Section 27 of that Act is amended as follows.
(2) In subsection (1)—
(a) in paragraph (ii), “passed the resolution” is omitted;
(b) “and” following paragraph (iii) is omitted; and
(c) after paragraph (iv) there is inserted “and”.
(3) In subsection (4), for paragraph (b) there is substituted—
“(b) a right to occupy the dwelling-house—
(i) as a statutory tenant within the meaning of the Rent (Scotland) Act 1984; or
(ii) under a contract to which Part VII of that Act applies or would apply if the contract or dwelling-house were not excluded by section 63(3) to (5) or under section 64(3) respectively of that Act; and”.
21 In section 48 (right to advance payment of compensation) of that Act—
(a) in subsection (8), after “the amount of the advance payment” there is inserted “together with any amount paid under section 48A”, and
(b) in subsection (9), the words following “unpaid” are omitted.
22 After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted—
“(5B) No compensation is payable, by virtue of an order under this section, under Part V of the Land Compensation (Scotland) Act 1963”.
Section 80.
| Enactments extending to Great Britain | |
| Section 10(4)(a) of the [1967 c. 10.] Forestry Act 1967 | Date of claim for compensation |
| Section 18(1)(a) of the [1975 c. 23.] Reservoirs Act 1975 | Date of entry on the land |
| Section 18(1)(b) of that Act | Date of claim for disturbance |
| Section 7 of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 | Date of the refusal, or grant subject to conditions, of scheduled monument consent |
| Section 9 of that Act | Date works ceased to be authorised |
| Section 46 of that Act | Date of entry on the land |
| Enactments extending to England and Wales | |
| Section 31(3) of the [1961 c. 33.] Land Compensation Act 1961 | Date of withdrawal of notice to treat |
| Section 11(3) of the [1965 c. 56.] Compulsory Purchase Act 1965 | Date of entry on the land |
| Section 17(5) of the [1976 c. 70.] Land Drainage Act 1976 (including that provision as applied by section 33(4) or 39(4)) | Date of claim |
| Section 44(3) of that Act | Date of claim |
| Section 93(7) of that Act | Date of claim |
| Section 23 of the [1980 c. 66.] Highways Act 1980 | Date which would be the date from which interest is payable if the works were executed under Part V by a highway authority |
| Section 28(1) of that Act | Date of claim |
| Section 73(9) of that Act | Date of claim |
| Section 74(8) of that Act | Date of claim |
| Section 77(2) of that Act | In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
| Section 79(11) of that Act | In the case of loss, the date of the notice; and in the case of injurious affection, the date of claim |
| Section 79(12) of that Act | Date of service of the notice |
| Section 126(2) of that Act | Date of claim |
| Section 231 of that Act | In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
| Section 292(1) of that Act | In the case of damage, the date of entry; in the case of disturbance, the date of claim |
| Section 57 of the [1984 c. 22.] Public Health (Control of Disease) Act 1984 | In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
| Section 106 of the [1984 c. 55.] Building Act 1984 | In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim |
| Paragraph 5 of Schedule 14 to the [1989 c. 15.] Water Act 1989 | Date of the entry upon or occupation or use of the land |
| Paragraph 6(2) or (3) of that Schedule | Date of the order under section 131 |
| Paragraph 6(4) of that Schedule | Date of decision to prohibit or limit taking of water |
| Paragraph 6(5) of that Schedule | Date of suspension or variation of consent to make discharges or of the attachment of conditions to such consent |
| Paragraph 6(1) of Schedule 19 to that Act | Date of claim |
| Paragraph 6(2) or (3) of that Schedule | In the case of loss or damage sustained by reason of expenditure, the date on which the loss or damage is sustained; otherwise the date of claim |
| Paragraph 8(2)(b) of that Schedule | Date loss is caused or damage done |
| Paragraph 8(1) of Schedule 20 to that Act | Date of claim |
| Paragraph 8(2) or (3) of that Schedule | In the case of loss or damage sustained by reason of expenditure, the date on which the loss or damage is sustained; otherwise the date of claim |
| Paragraph 8(4) of that Schedule | Date loss is caused or damage done |
| Section 107(1) of the principal Act | Date of order under section 97 |
| Section 107(1) of that Act as applied by section 108(1) | Date planning permission is refused or granted subject to conditions |
| Section 115 of that Act | Date damage suffered or expenses incurred |
| Section 144(2) of that Act | Date of direction under section 141(3) |
| Section 186 of that Act | Date of service of stop notice |
| Section 203 of that Act | Date consent required by tree preservation order is refused or granted subject to conditions |
| Section 204 of that Act | Date direction is given by local planning authority or Secretary of State |
| Section 223 of that Act | Date expenses incurred |
| Section 250 of that Act | Date of order under section 249(2) |
| Section 279(1) of that Act | Date of decision made in accordance with section 266 or of order under section 97 |
| Section 279(2) of that Act | Date right extinguished or requirement imposed |
| Section 28 of [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 | Date of order under section 23 |
| Section 29 of that Act | Date building preservation notice served |
| Section 16 of the [1990 c. 10.] Planning (Hazardous Substances) Act 1990 | Date of order under section 14(1) |
| Section 19 of that Act | Date of modification or revocation of hazardous substances consent |
| Enactments extending to Scotland | |
| Section 2 of the [1930 c. 20.] Land Drainage (Scotland) Act 1930 | Date loss is caused or damage done |
| Section 1 of the [1941 c. 13.] Land Drainage (Scotland) Act 1941 | Date of injury or damage |
| Section 4 of the [1958 c. 24.] Land Drainage (Scotland) Act 1958 | Date damage is suffered |
| Section 39(3) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 | Date of withdrawal of notice to treat |
| Section 56J(8) of the 1972 Act | Date of order revoking or modifying consent |
| Section 56K(12) of the 1972 Act | Date of modification or revocation of consent |
| Section 153 of the 1972 Act | Date of order under section 42 |
| Section 154 of the 1972 Act | Date permission is refused or granted subject to conditions |
| Section 159 of the 1972 Act | Date damage suffered or expenses incurred |
| Section 161 of the 1972 Act | Date of order under paragraph 9 of Schedule 10 |
| Section 162 of the 1972 Act | Date building preservation notice served |
| Section 163 of the 1972 Act | Date consent required by tree preservation order is refused or granted subject to conditions |
| Section 164 of the 1972 Act | Date requirement is imposed by planning authority or Secretary of State |
| Section 165 of the 1972 Act | Date expenses incurred |
| Section 166 of the 1972 Act | Date of service of stop notice |
| Section 167A of the 1972 Act | Date order made |
| Section 176 of the 1972 Act | Date of direction under section 172(3) |
| Section 201(5) of the 1972 Act | Date on which order takes effect |
| Section 226 of the 1972 Act | Date planning permission refused or granted subject to conditions |
| Section 10 of the [1980 c. 45.] Water (Scotland) Act 1980 | Date damage sustained |
| Schedule 6 to that Act | Date source or land is affected or injury is sustained |
| Section 71 of the [1984 c. 54.] Roads (Scotland) Act 1984 | Date access stopped up or limited |
| Section 72 of that Act | Date access stopped up |
| Section 83(8) of that Act | As regards expenses, date expenses incurred; as regards injurious effect, date injury sustained |
| Section 88(2) of that Act | Date on which damage sustained |
| Section 106 of that Act | As regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made. |
| Section 116 of that Act | Date on which damage sustained |
| Section 121 of that Act | Date on which damage done or materials removed |
| Section 140 of that Act | Date of damage or disturbance |
Section 23 of the [1961 c. 33.] Land Compensation Act 1961 (permission for additional development granted after acquisition).
The following provisions of the [1965 c. 56.] Compulsory Purchase Act 1965—
section 5 (notice to treat ceasing to have effect), and
section 11(1) (entry on land under compulsory purchase powers).
The following provisions of the [1973 c. 26.] Land Compensation Act 1973—
section 18 (claims under Part I of that Act),
section 36(6) (farm loss payment),
section 37(6) (disturbance payments), and
section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).
Rule 38 of the [S.I.1975/299.] Lands Tribunal Rules 1975 (awards with interest by Lands Tribunal).
Sections 84 to 86 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845.
Paragraph 3 of Schedule 2 to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
Section 31 (compensation where planning decision made after acquisition) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963.
The following provisions of the [1973 c. 56.] Land Compensation (Scotland) Act 1973—
section 16 (interest on compensation),
section 33(6) (supplementary provisions about farm loss payments),
section 34(5) (disturbance payments for people without compensatable interests),
section 59 (interest on compensation for injurious affection where no land taken).
Section 78 of this Act.
Section 84.
| Chapter | Short title | Extent of repeal | |
|---|---|---|---|
| 1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | In section 7(5) paragraph (a)(iii). | |
| 1990 c. 8. | Town and Country Planning Act 1990. | In section 12(4)(a), “other” (in the second place where it occurs) and “or for any description of development or other use of such land”.Section 14(3).In section 21(2) “Subject to section 22”.Section 22.Section 23(2) to (4), (9) and (10).In section 49 “repeal”.In section 50, in subsection (1) “for the repeal and”, subsections (2) and (3), in subsections (4) and (5) “repeal and”, in subsection (6) “repeal”, in paragraph (a) the words from the beginning to “except that”, “or 40(2)(a)” and “or 40(3)” and in paragraph (b) “and they may do so as respects any part of their area to which the proposals relate” and in subsection (8) “repeal” and “in accordance with the provisions of the relevant local plan scheme”.In section 51(1) “repeal” (in both places).Section 52(2) and (3).In section 53, in subsections (1) and (2)(b) “repeal”, in subsection (2)(g) “repealing” and subsection (5).Section 55(6).Section 63.Section 64.In section 69, in subsection (1) “made to that authority” and in subsection (3) “made to the authority”.In section 74(2) “section 71 of this Act and”.In section 97(5) the words from “and Part II of Schedule 5” to the end.In section 176(4) “in writing”.In section 178(2) “(as defined in section 172(3))”.In section 186(1)(c) the words from “or for its retention” to “granted”.In section 188(1) the “and” immediately preceding paragraph (b).Section 190(4).In section 196 “an application referred to him under section 192(5) or” (in subsection (1)), and “an application or” (in subsection (3)), and subsections (5) to (7).In section 198(4)(a) “to 68”.In section 210, in subsection (3) “on indictment” and subsection (5).Section 219(6).In section 220(3)(a) “to 68”.Section 221(7) to (9).Section 250(2).Section 266(3).In section 284, in subsection (1)(a) “repeal” (in both places) and in subsection (3)(g) the words from “on an application” to “or”.In section 285, in subsection (1) “Subject to the provisions of this section”, in subsection (2) “(6) to (8)” and subsections (5) and (6).Section 286(1)(b).In section 287(1), (2), (3) and (5) “repeal” in each place where it occurs.Section 290.In section 306(2) “repeal”.In section 324, in subsection (1)(b) “198 to 200”, in subsection (1)(c) “Part VII” and subsection (2).In section 336(1), the definitions of “development consisting of the winning and working of minerals”, “established use certificate” and “mineral compensation modifications”, in the definition of “owner” the words “(except in sections 66, 67 and 71)”, in the definition of “planning permission” the words from “and in construing” to the end, the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” and in section 336(9) “(1) to (3)”.In Schedule 1, paragraphs 1(2), 3(3) to (6), 4(1) and 9(2) and (3).In Schedule 2, in Part I paragraphs 3, 5 and 6, and in Part II paragraphs 3 to 16 and 18.In Schedule 5, in paragraph 1(6) “consisting of the winning and working of minerals”.In Schedule 6, in paragraph 2, in sub-paragraph (1)(c) “and subsection (5) of section 196” and in sub-paragraph (8) “or 290”.In Schedule 7, in paragraph 13(2)(e) the words from “for the purpose” to “6(2)”.Schedule 11.In Schedule 13, Notes (2) and (5) to paragraph 2, in Note (3) to paragraph 2 “also”, in Note (1)(b) to paragraph 3 “or under section 22”, in Note (2) to paragraph 3 “13(7) or”, in Note (1)(b) to paragraph 4 “or under section 22” and in Note (2) to paragraph 4 “13(7) or”.In Schedule 16, in Part I, in the entry relating to section 77 “(2) and (9), 66 and 67”, in the entry relating to sections 78 and 79 the words from “with” to the end and in the entry relating to section 285 “except subsections (5) and (6)”; and in Part III, the entries relating to sections 312(2) and 324(4); and Parts IV and V. | |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | In section 9(5) “on indictment”.In section 38(2) “within such period as may be so specified”.In section 39(7) “in writing”.Section 42(7).Section 55(6).In section 88(6) “or the presence of minerals in it”.In section 90(6)(b) “and 42(6)”.In section 92(2)(b) “and 42(6)”. | |
| 1990 c. 10. | Planning (Hazardous Substances) Act 1990. | In section 25(1)(c) “(1) to (5) and (7)”.In section 36(5) “Subject to subsection (6)”. | |
| 1990 c. 11. | Planning (Consequential Provisions) Act 1990. | In Schedule 2, paragraphs 3(2), 35(1)(b) and 38.In Schedule 4, in paragraph 1, in the Table the entry relating to section 9(4) of the 1971 Act and paragraph 2 of the Schedule, and paragraph 2 of the Schedule. |
| Chapter | Short title | Extent of repeal | |
|---|---|---|---|
| 1961 c. 33. | Land Compensation Act 1961. | In section 15(4) paragraphs (a) and (b). | |
| 1965 c. 36. | Gas Act 1965. | In Schedule 3, paragraph 3. | |
| 1968 c. 14. | Public Expenditure and Receipts Act 1968. | In Schedule 3, paragraph 7(b). | |
| 1973 c. 26. | Land Compensation Act 1973. | In section 5(3), paragraphs (a) and (b). | |
| 1982 c. 16. | Civil Aviation Act 1982. | In section 53(1)(a) “114”. | |
| 1986 c. 31. | Airports Act 1986. | In section 61(1)(a) “114”. | |
| 1990 c. 8. | Town and Country Planning Act 1990. | Section 55(6).Sections 80 and 81.In section 111(1) and (2) “new” (in both places).In section 112, in subsection (9) “new”, subsection (12)(a) and in subsection (13) “paragraph (a) or paragraph (b) of”.Sections 113 and 114.Part V.In section 198(4)(a) “80, 81”.In section 220(3)(a) “80, 81”.In section 262(4) and (7)(a) “123”.In section 263(3) “123(3) and (4)”.Section 284(3)(c).In section 308, in subsection (1)(b) “or 132(1)”, in subsection (2) “or, as the case may be, section 132(4)” and in subsection (6) “and in section 309”.Section 309.In section 310 “or 309”.In section 311(1)(b) “or V”.Section 312.In section 313 “Without prejudice to section 312, and”.In section 315(2), the words from “and in relation” to “in respect of such land”.Section 324(4).Sections 326 and 327.In section 336(1) the definitions of “new development” and “previous apportionment”.In Schedule 1, in paragraph 16(1) “114”.In Schedule 3, paragraphs 3 to 8, 11 and 14.Schedule 12.In Schedule 16, in Parts III and VI, the entries relating to Schedule 12. | |
| 1990 c. 9. | Planning (Listed Buildings and Conservation Areas) Act 1990. | Section 27.In section 30, subsection (1)(a) and in subsection (2) “27”.In section 49 the words from “other than” to the end.In section 88(4) “27”.In section 91(2) “new development”. | |
| 1990 c. 11. | Planning (Consequential Provisions) Act 1990. | In Schedule 2, paragraphs 12(3)(a), 18, 24(3)(a)(i) and, in paragraph 29(2) paragraph (a) and, in paragraph (b), sub-paragraphs (i) and (ii). |
The repeals in Part II have effect subject to section 31(7) and (8) of this Act and paragraphs 1(2), 5(2) and 13(2) of Schedule 6.
Planning and Compensation Act 1991