Land Compensation (Scotland) Act 1963

This Act (including the amendments and repeals made by it) shall not have effect in relation to any compulsory acquisition in pursuance of a notice to treat served before the commencement of this Act . . . ; nor in relation to any sale of an interest in land by agreement in pursuance of a contract made before the commencement of this Act.

Short title, commencement and extent

49

• (1) This Act may be cited as the Land Compensation (Scotland) Act 1963.

• (2) This Act (except Part II thereof) shall come into operation on 1st January, 1964; and Part II of this Act shall come into operation on the day appointed by Her Majesty by Order in Council under section 10 (2) of the Lands Tribunal Act 1949 for the coming into force in Scotland of sections 1 to 4 of that Act.

Any reference in this Act to the commencement of this Act shall be construed as a reference to the date on which this Act (except Part II thereof) comes into operation.

• (3) As from the coming into operation of Part II of this Act,—

• (a) Part I of this Act shall cease to have effect without prejudice however to the operation of the said Part I in cases where a decision has been given before the coming into operation of the said Part II, so far as relates to appeals, cases stated, expenses or fees; and

• (b) for any reference in this Act to an official arbiter there shall be substituted a reference to the Lands Tribunal for Scotland or, as the case may require, a member of that Tribunal.

• (4) This Act shall extend to Scotland only.

SCHEDULE 1

SCHEDULE 2

1

• (1) This Schedule applies to a compulsory acquisition of a description mentioned in sub-paragraph (2) where the land in question comprises a house which, in the opinion of the appropriate local authority does not meet the tolerable standard.

• (2) The compulsory acquisitions referred to are—

• (a) an acquisition under Part VIII of the Town and Country Planning (Scotland) Act 1997 or sections 42 to 47 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, or

• (b) an acquisition under section 13 of the Housing and Town Development (Scotland) Act 1957, or

• (c) an acquisition in pursuance of Part V of the Town and Country Planning (Scotland) Act 1997 or sections 28 to 33 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, or

• (d) an acquisition of land within the area designated by an order under section 1 of the New Towns (Scotland) Act 1968 as the site of a new town, or

• (e) an acquisition by a development corporation or a local roads authority or the Secretary of State under the New Towns (Scotland) Act 1968 or under any enactment as applied by any provision of that Act, or

• (f) an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation; or

• (g) an acquisition by such a corporation under section 142 of that Act.

2

• (1) The local authority may make and submit to the Secretary of State an order, in such form as may be prescribed by regulations made under section 330 of the Housing (Scotland) Act 1987, declaring that the house does not meet the tolerable standard and if—

• (a) that order is confirmed by the Secretary of State, either before or concurrently with the confirmation of a compulsory purchase order for the acquisition of the land, or

• (b) in a case where the acquisition is in pursuance of a notice to treat deemed to have been served in consequence of the service of a notice under section 90 of the Town and Country Planning (Scotland) Act 1997 or the provisions of that section as applied by or under any other enactment or in consequence of the service of a notice under section 11 of the New Towns (Scotland) Act 1968 or under section 101 of the Town and Country Planning (Scotland) Act 1997, the order is made before the date on which the notice to treat is deemed to have been served and is subsequently confirmed by the Secretary of State,

section 305 and paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 (which relate respectively to payments in respect of certain well-maintained houses under Part XV and to compensation for compulsory acquisition under Part IV of the Housing (Scotland) Act 1987) shall apply as if the house had been purchased under Part IV as not meeting the tolerable standard, and as if any reference in that section and paragraph to the local authority were a reference to the acquiring authority.

• (2) Before submitting to the Secretary of State an order under this paragraph, the local authority by whom the order was made shall serve on every owner, and (so far as it is reasonably practicable to ascertain such persons) on ... the holder of every heritable security over, the land or any part thereof, a notice in such form as may be prescribed as mentioned in the last preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the Secretary of State for confirmation, and specifying the time within which, and the manner in which, objection thereto can be made.

• (3) If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Secretary of State may, if he thinks fit, confirm the order; but in any other case he shall, before confirming the order, consider any objection not withdrawn, and shall, if either the person by whom the objection was made or the local authority so desires, afford to that person and the authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (4) Section 86 of the Housing (Scotland) Act 1987 shall have effect in determining for the purposes of this paragraph whether a house meets the tolerable standard as it has effect in so determining for the purposes of that Act.

• (5) In this paragraph “appropriate local authority” means a local authority who, in relation to the area in which the land in question is situated, are a local authority for the purposes of the provisions of Part IV of the Housing (Scotland) Act 1987 relating to housing action areas; and “owner,” in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes also a lessee under a lease the unexpired period of which exceeds three years.

3

• (1) Where in relation to a compulsory acquisition, section 120(2) to (4) or paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 (which relate respectively to the compensation to be paid on the compulsory acquisition of closed houses, and of houses not meeting the tolerable standard) apply (whether by virtue of that Act or of an order under paragraph 2 of this Schedule) and-

• (a) the relevant land consists of or includes the whole or part of a house (in this paragraph referred to as ’’the relevant house’’) and, on the date of the making of the compulsory purchase order in pursuance of which the acquisition is effected, the person then entitled to the relevant interest was, in right of that interest, in occupation of the relevant house or part thereof as a private dwelling, and

• (b) that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or, if he has died before that date, continued to be entitled to that interest immediately before his death,

the following provisions of this paragraph shall apply in relation to the acquisition; and in those provisions ’’the dwelling’’ means so much of the relevant house as the said person occupied as aforesaid.

• (2) Subject to the next following sub-paragraph, the amount of the compensation payable in respect of the acquisition of the relevant interest shall not in any event be less than the gross annual value of the dwelling.

• (3) Where a payment falls to be made under section 304 or 305 of the Housing (Scotland) Act 1987 to the person entitled to the relevant interest, and that payment is attributable to the relevant house, any reference in the last preceding sub-paragraph to the amount of the compensation payable in respect of the acquisition of the relevant interest shall be construed as a reference to the aggregate of that amount and of the amount of the payment.

• (4) For the purposes of this paragraph the gross annual value of the dwelling shall be determined as follows-

• (a) if the dwelling constitutes the whole of the relevant house, the gross annual value of the dwelling shall be taken to be the value which, on the date of service of the notice to treat, is shown in the valuation roll then in force as the gross annual value of that house for rating purposes;

• (b) if the dwelling is only part of the relevant house, an apportionment shall be made of the gross annual value of the relevant house for rating purposes, as shown in the valuation roll in force on the date of service of the notice to treat, and the gross annual value of the dwelling shall be taken to be the amount which, on such an apportionment, is properly attributable to the dwelling.

• (5) Any reference in this paragraph to the compensation payable in respect of the acquisition of the relevant interest shall be construed as excluding so much (if any) of that compensation as is attributable to disturbance or to severance or injurious affection.

• (6) Nothing in this paragraph shall affect the amount which is to be taken for the purposes of section 20 of this Act (which relates to the consideration payable for the discharge of land from feu-duty and incumbrances) as the amount of the compensation payable in respect of the acquisition of the relevant interest.

• (7) In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)-

• (a) in sub-paragraph (2) above, for the word ’gross’ there shall be substituted the words ’1.25 times the net’; and

• (b) in sub-paragraph (4) above, for the word ’gross’, wherever it occurs, there shall be substituted the word ’net’.

4

This Schedule shall be construed as one with Parts IV and XV of the Housing (Scotland) Act 1987.

5

• (1) In this Schedule "Act of 1950" means the Housing (Scotland) Act 1950; and "house" has the meaning assigned to it by section 184 of the Act of 1950.

• (2) Any reference in this Schedule to the provisions of the Act of 1950 as to site value is a reference to the following provisions of that Act, that is to say, sections 12(2), 17(4) and 36(2) (which relate respectively to the compensation to be paid on the compulsory acquisition of closed houses, of houses subject to notices relating to the execution of works, and of houses unfit for human habitation).

SCHEDULES 3

PART I

Disturbance, severance and injurious affection

1

Subject to paragraph 2 of this Schedule, any reference in section 31 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.

2

If the person entitled to the compensation under the said section 31—

• (a) was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in land held with the land acquired or purchased ; but

• (b) is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land ;

any reference in the said section 31 to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part.

Increase in value of contiguous or adjacent land

3

In determining for the purposes of the said section 31 the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—

• (a) the compensation or the purchase price was or would have been reduced (whether by virtue of section 14 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land ; but

• (b) at the time of the planning decision the person entitled to the compensation under the said section 31 is not entitled to the said interest or is entitled thereto only as respects part of the contiguous or adjacent land,

the amount specified in the said subsection (2) and the principal amount or purchase price mentioned in the said subsection (1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed, or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part thereof.

Land subject to a heritable security

4

Subject to the provisions of this Schedule relating to land subject to a trust, where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a heritable security, any reference (however expressed) in section 31 or section 33 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to 'the person who, subject to the heritable security, was entitled to that interest, and not as a reference to the heritable creditor.

5

For the purposes of the application of section 31 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the last preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of 'the compensation which would have been payable if the interest in question had not been subject to a heritable security.

6

No compensation shall be payable by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement, where the interest acquired or sold was .the interest of a heritable creditor (as distinct from an interest subject to a heritable security).

Land subject to a trust

7

• (1) Where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a trust, and accordingly the compensation or purchase price was payable to the trustees of that trust, any reference (however expressed) in section 31 or section 33 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the trust.

• (2) Where the preceding sub-paragraph applies, section 31(4) of this Act shall not apply.

• (3) Any compensation paid to the trustees of a trust by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the sale of the interest acquired or sold.

PART II

8

• (1) Where in a case falling within section 32(3) of this Act the consideration in accordance with section 20(1) of this Act was paid to the trustees of a trust, any reference in the said section 32(3), or in section 33(7) of this Act, to the person who has received the consideration shall be construed as a reference to the trustees for the time being of the trust

• (2) Where the preceding sub-paragraph applies, section 32(4) of this Act shall not apply.

• (3) Any additional consideration paid to the trustees of a trust by virtue of section 32 of this Act shall be applicable by the trustees as if it were consideration received by ,them in 'accordance with section 20 of this Act.

PART III

9

In this Schedule " the relevant date" has the same meaning as in Part V of this Act, and " trust" has the same meaning as in the Trusts (Scotland) Act 1921.

10

References in this Schedule to sections 31, 32 and 33 of this Act include references to those sections as applied by section 34 or section 35 of this Act, and references to the time of any planning decision shall be construed accordingly.

SCHEDULE 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on references under s. 8.

17A

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.

Part V

31

Part V — Compensation where Permission for Additional Development Granted after Acquisition

31

• (1) Where—

• (a) any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers and, before the end of the period of ten years beginning with the date of completion, a planning decision is made granting permission for the carrying out of additional development of any of the land; and

• (b) the principal amount of the compensation which was payable in respect of the compulsory acquisition or, in the case of a sale by agreement, the amount of the purchase price, was less than the amount specified in subsection (2) of this section,

then, subject to the following provisions of this section, the person to whom the compensation or purchase price was payable shall be entitled, on a claim duly made by him, to compensation from the acquiring authority of an amount equal to the difference.

• (2) The amount referred to in subsection (1)(b) of this section is the principal amount of the compensation which would have been payable in respect of a compulsory acquisition of the interest by the acquiring authority, in pursuance of a notice to treat served on the relevant date if—

• (a) the planning decision mentioned in subsection (1)(a) of this section had been made before that date; and

• (b) the permission granted by it had been in force on that date.

• (3) No compensation shall be payable by virtue of this section in respect of a planning decision in so far as it relates to land acquired by the acquiring authority, whether compulsorily or by agreement—

• (a) under section 142 or 143 of the Local Government, Planning and Land Act 1980 (acquisitions by urban development corporations and by roads authorities in connection with urban development areas);

• (b) under theNew Towns (Scotland) Act 1968 (acquisitions by development corporations and by roads authorities in connection with new town areas); or

• (c) where the compulsory purchase order included a direction under section 45 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (minimum compensation in case of listed building deliberately left derelict).

• (4) If—

• (a) in accordance with the preceding provisions of this section the person referred to in subsection (1) of this section would be entitled to compensation under this section; but

• (b) before the planning decision in question that person has died, or any other act or event has occurred whereby the right to compensation under this section, if vested in him immediately before that act or event, would thereupon have vested in some other person,

the right to compensation under this section shall be treated as having devolved as if that right had been vested in him immediately before his death or immediately before that act or event, as the case may be, and the compensation shall be payable to the persons claiming under him accordingly.

• (5) Compensation under this section shall carry interest at the rate prescribed under section 40 of this Act from the date of the planning decision in question until payment.

• (6) The provisions of Part II of this Act (so far as applicable) shall apply (subject to the following provisions) in relation to the assessment of compensation under this section as they apply in relation to the assessment of compensation in respect of the compulsory acquisition of an interest in land.

Saving for transactions before commencement of Act.

Actual or Prospective Development relevant for purposes of Sections 13 & 14

Part II — Special Provision as to New Towns

5

• (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

• (2) in that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.

Part III — Special Provisions as to Urban Development Areas

6

For the avoidance of doubt it is hereby declared—

• (a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and

• (b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

• (i) to any development of land which was carried out before the area was designated as an urban development area;

• (ii) to any development or prospect of development of land outside the urban development area;

• (iii) to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers.

7

Paragraph 6 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.

Acquisitions to which this Schedule applies

Procedure

Amount of compensation

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Schedule

Disturbance, severance and injurious affection

1

Subject to paragraph 2 of this Schedule, any reference in section 31 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.

2

If the person entitled to the compensation under section 31 of this Act—

• (a) was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in other land contiguous or adjacent to the land acquired or purchased; but

• (b) is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land;

any reference in section 31 of this Act to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part.

Increase in value of contiguous or adjacent land

3

In determining for the purposes of section 31 of this Act the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—

• (a) the compensation or the purchase price was or would have been reduced (whether by virtue of section 14 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land; but

• (b) at the time of the planning decision the person entitled to the compensation under section 23 of this Act is not entitled to the interest or is entitled to it only as respects part of the contiguous or adjacent land,

the amount specified in section 31(2) and the principal amount or purchase price mentioned in section 31(1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part of the land.

Land held subject to heritable security

4

Subject to the provisions of this Schedule relating to settled land, where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a heritable security, any reference (however expressed) in section 31 or section 32 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the heritable security, was entitled to that interest, and not as a reference to the heritable creditor.

5

For the purposes of the application of section 31 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a heritable security.

6

No compensation shall be payable by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement where the interest acquired or sold was the interest of a heritable creditor (as distinct from an interest subject to a heritable security).

Land held in trust

7

• (1) Where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a trust, and accordingly the compensation or purchase price was payable to the trustees of that trust, any reference (however expressed) in section 31 or section 32 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the trust.

• (2) Where sub-paragraph (1) of this paragraph applies, section 31(4) of this Act shall not apply.

• (3) Any compensation paid to the trustees of the trust by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the 1sale of the interest acquired or sold.

• (4) In this paragraph “trust” has the same meaning as in theTrusts (Scotland) Act 1921.

Interpretation

8

References in this Schedule to sections 31 and 32 of this Act include references to those sections as applied by section 33 or 34 of this Act, and references to the time of any planning decision shall be construed accordingly.

SCHEDULES 4

Editorial notes

[^c7403661]: Act 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

[^c7403671]: Act applied and modified by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 110(4), 117(1)

[^c7403681]: Act 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

[^c7403691]: Act 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))

[^c7403701]: Act 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

[^c7403711]: Act 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)

[^c7403721]: Act 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)

[^c7403731]: Act excluded (27.5.1997) by 1997 c. 9, ss. 45(4), 83(2)

[^c7403741]: Act partly in force at 1.1.1964; Act wholly in force at 1.3.1971 see s. 49(2)

[^c7403761]: Ss. 1–7 ceased to have effect with saving by virtue of s. 49(2)(3) of this Act

[^c7403751]: Pt. I (ss. 1-3) modified (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 57(4), 89(2), Sch. 8 para. 6(c)(with s. 45(3), Sch. 12 para. 3)

[^c7403801]: S. 8 extended with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 117(1)

[^c7403811]: S. 8 applied with modifications by Roads (Scotland) Act 1970 (c. 20), s. 40(1)

[^c7403821]: S. 9 applied with modifications by Acts listed in Chronological Table of the Statutes and Local Government, Planning and Land Act 1980 (c. 65), s. 167(9)(13)

[^c7403831]: S. 9 extended with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 117(1)

[^c7403841]: S. 9 applied by Electricity Act 1989 (c. 29, SIF 44:1), ss. 10(1)(5), 112(3), Sch. 4 paras. 7(4), 11(3), Sch. 5 para. 6, Sch. 17 para. 35(1)

[^c7403851]: S. 9 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 92(4) S. 9 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 86(2), 278(2) S. 9 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 143(7), 278(2) S. 9 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 165(3), 278(2) S. 9 applied (27.5.1997) by 1997 c. 8, ss. 185(3), 278(2) S. 9 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. I, paras. 9, 12 S. 9 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 204(6), 278(2) S. 9 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 235(4), 278(2) S. 9 applied (with modifications) (27.5.1997) by 1997 c. 9, ss. 27(5), 83(2) (with s. 45(4)) S. 9 applied (with modifications) (1.4.1999) by S.I. 1999/481, reg. 8(4) S. 9 applied (with modifications) (26.3.2001) by 2000 c. 26, s. 95, Sch. 6 para. 5(3); S.I. 2000/2957, art. 2(3), Sch. 3 S. 9 applied (with modifications) (28.9.2000) by S.S.I. 2000/323, reg. 9(17), Sch. 6 para. 8(3)

[^c7403861]: Proviso added by Community Land Act 1975 (c. 77), Sch. 10 para. 5(1); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(2)

[^c7403871]: 1949 c. 42.

[^c7403881]: Words substituted by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), Sch. 10 para. 5

[^c7403891]: 1949 c. 42.

[^c7403931]: S. 11 applied with modifications by Acts listed in Chronological Table of the Statutes and Local Government, Planning and Land Act 1980 (c. 65), s. 167(9)(13)

[^c7403941]: S. 11 extended with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 117(1)

[^c7403951]: S. 11 applied by Electricity Act 1989 (c. 29, SIF 44:1), ss. 10(1)(5), 112(3), Sch. 4 paras. 7(4), 11(3), Sch. 5 para. 6, Sch. 17 para. 35(1)

[^c7403961]: S. 11 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 92(4) S. 11 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 86(2), 278(2) S. 11 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 143(7), 278(2) S. 11 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 165(3), 278(2) S. 11 applied (27.5.1997) by 1997 c. 8, ss. 185(3), 278(2) S. 11 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 204(6), 278(2) S. 11 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 235(4), 278(2) S. 11 applied (27.5.1997) by 1997 c. 9, ss. 27(5), 83(2) (with s. 45(4)) S. 11 applied (with modifications) (1.4.1999) by S.I. 1999/481, reg. 8(4) S. 11 applied (with modifications) (26.3.2001) by 2000 c. 26, s. 95, Sch. 6 para. 5(3); S.I. 2000/2957, art. 2(3), Sch. 3 S. 11 applied (with modifications) (28.9.2000) by S.S.I. 2000/323, reg. 9(17), Sch. 6 para. 8(3)

[^c7403781]: Pt. II applied with modifications by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 14(3), Sch. 4 paras. 4, 5(c);

[^c7403791]: Pt. II (ss. 4-20) modified (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 57(4), 89(2), Sch. 8 para. 6(c)(with s. 45(3), Sch. 12 para. 3)

[^c7404001]: S. 12 applied with modifications by Acts listed in Chronological Table of the Statutes; modified by Agriculture Act 1967 (c. 22), s. 50(8), New Towns (Scotland) Act 1968 (c. 16), ss. 13, 26, Sch. 5 para. 2 and S.I. 1976/1218, art. 4; extended by Countryside (Scotland) Act 1967 (c. 86), s. 70(4) and Town and Country Planning (Scotland) Act 1972 (c. 52), s. 228(1)

[^c7404011]: S. 12 applied (with modifications) by Aviation Security Act 1982 (c. 36, SIF 9), Sch. 1 para. 9(a) and Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 43(5), Sch. 2 paras. 4, 8

[^c7404021]: S. 12 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 91(5) S. 12 applied (with modifications) (27.5.1997) by 1997 c. 8, ss. 87(1), 95(5), 278(2) S. 12 applied (27.5.1997) by 1997 c. 8, ss. 204(3), 278(2) S. 12 applied (27.5.1997) by 1997 c. 8, ss. 234, 278(2), Sch. 9 para. 15(4), Sch. 10 para. 13(4) S. 12 applied (with modifications) (27.5.1997) by 1997 c. 9, ss. 27(1), 85(2) (with s. 45(4)) S. 12 applied (with modifications) (1.4.1999) by S.I. 1999/481, reg. 7(2) S. 12 applied (with modifications) (28.9.2000) by S.S.I. 2000/323, reg. 9(17), Sch. 6 para. 6(2)

[^c7404031]: Words in s. 12 rule 3 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 84(6), Sch. 17 Pt. I, para. 5, Sch. 19, Pt.IV, (with s. 84(5)); S.I. 1991/2092, art.3, Sch. 1 (with savings in art. 4, Sch. 2 Pt. I paras. 4, 6)

[^c7404041]: S. 13 excluded by Land Compensation (Scotland) Act 1973 (c. 56), s. 6(3); modified by Land Compensation (Scotland) Act 1973 (c. 56), s. 47(2)

[^c7404051]: Words inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 25 Pt. IV para. 9(2)(a)(3) except where a notice to treat has been served before 13.11.1980

[^c7404071]: Word substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 145(5)(a)

[^c7404091]: S. 13(2A) inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 25 Pt. IV para. 9(2)(b)(3) except where a notice to treat has been served before 13.11.1980

[^c7404101]: Words added by Local Government, Planning and Land Act 1980 (c. 65), s. 145(5)(b)

[^c7404111]: 1958 c. 30.

[^c7404121]: S. 14 excluded by Land Compensation (Scotland) Act 1973 (c. 56), s. 6(3); modified by Land Compensation (Scotland) Act 1973 (c. 56), s.47(3)

[^c7404131]: Words inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 25 Pt. IV para. 9(2)(a)(3) except where a notice to treat has been served before 13.11.1980

[^c7404251]: Words inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 25 Pt. IV para. 9(2)(a)(3) except where a notice to treat has been served before 13.11.1980

[^c7404271]: Words in s. 15(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9(1)

[^c7404281]: 1896 c. 48.

[^c7404291]: S. 15(7)(b) repealed by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), Sch. 3

[^c7404301]: S. 15(7)(c) repealed by Roads (Scotland) Act 1970 (c. 20), Sch. 2

[^c7404311]: S. 15(7)(d) substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 10(1)

[^c7404321]: S. 15(7)(e) inserted by Roads (Scotland) Act 1970 (c. 20), Sch. 1, para. 11.

[^c7404331]: 1970 c. 20.

[^c7404341]: Word repealed by Town and Country Planning (Scotland) Act 1969 (c. 30), Sch. 11.

[^c7404351]: S. 17A inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para.6 (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4, Sch. 2 Pt. I para. 4)

[^c7404411]: S. 18 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(1)(xxi) and Civil Aviation Act 1971 (c. 75), Sch. 5 para. 5 (s)

[^c7404421]: S. 18 extended by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 2 para. 4

[^c7404431]: S. 18 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(i) (with s. 106); S.I. 2001/869, art. 2

[^c7404441]: Words in s. 18 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9

[^c7404461]: References to Town and Country Planning (Scotland) Act 1954 (c. 73), Pt. II (except reference to provisions of Pt. II as applied by Pt. V) and s. 41 and the first reference to ibid., s. 29(1) to be construed as references to Town and Country Planning (Scotland) Act 1972 (c. 52), Pt. VII and ss. 155 and 147(4) respectively

[^c7404471]: Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 Pt. I para. 2

[^c7404481]: 1954 c. 73.

[^c7404501]: 1972 c. 52.

[^c7404521]: S. 20 excluded by Land Tenure Reform (Scotland) Act 1974 (c. 38), s. 6(2)(c)(4)

[^c7404531]: 1845 c. 19.

[^c7404631]: S. 21 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

[^c7404641]: Words in s. 22(1) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17 Pt. I para. 7(1), (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4, Sch. 2 Pt. II)

[^c7404651]: S. 22(3A) substituted (25.9.1991) for words in s. 22(3) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17 Pt. I para. 7(2), (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4, Sch. 2 Pt. II)

[^c7404661]: S. 22(5)(6)(7) added (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s.74, (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4 Sch. 2 Pt. I para. 2)

[^c7404831]: S. 23(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 60(6), Sch. 12 para. 1(1)(a), (with s. 84(5)); S.I. 1991/2092, art. 3

[^c7404841]: Words in s. 23(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9(3)(a)

[^c7404871]: S. 23(4)(a)(b) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), ss. 60(6), 84(6), Sch. 12 para. 1(1)(b), Sch, 19 Pt. IV (with s. 84(5)); S.I. 1991/2092, art. 3, Sch. 1

[^c7404891]: Words in s. 23(4)(c) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9(3)(b)

[^c7404911]: Words substituted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(2)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(3)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975

[^c7404921]: Words inserted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(2)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(3)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975

[^c7403971]: Part III (ss. 12-24) applied (16.1.1995) by 1995 c. i, s. 27(1) (with s. 34) Part III (ss. 12-24) applied (14.6.2000) 2000 c. Vi, ss. 1, Sch. ss. 3(2), 5(2) (with Sch. hbss. 3(1), 4, 6(2))

[^c7404961]: S. 25 substituted by virtue of Community Land Act 1975 (c. 77), s. 47(1), Sch. 9 Pt. II; continued by Local Government, Planning and Land Act 1980 (c. 65), s. 121, Sch. 24 Pt. II in relation to applications, and certificates issued in pursuance of applications, made after 12.12.1975

[^c7404971]: S. 25(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 75(1), (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4, Sch. 2 Pt. II)

[^c7404981]: S. 25(2) modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 77(3)(4), 335, Sch. 6 para. 7

[^c7404991]: S. 25(2) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 141(5), Sch. 27 para. 23

[^c7405001]: Words in s. 25(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para. 8(a), (with s. 84(5)); S.I. 1991/2092, art. 3 (with art. 4, Sch. 2 Pt. II)

[^c7405011]: S. 25(4)(a)(b) and words following substituted (25.9.1991) for paras. (a)(b) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 75(2), (with s. 84(5)); S.I. 1991/2092, art. 3 (with art. 4, Sch. 2 Pt. II)

[^c7405021]: S. 25(8) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), ss. 79, 84(6), Sch. 17 Pt. I, para. 8(b), Sch. 19 Pt.IV. (with s. 84(5)); S.I. 1991/2092, art.3, Sch. 1 (with art. 4, Sch. 2 Pt. II)

[^c7405031]: S. 25(9A) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 75(3), (with s. 84(5)); S.I. 1991/2092, art. 3 (with art. 4, Sch. 2 Pt. II)

[^c7405071]: Words in s. 27(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17 Pt. I, para.9, (with s. 84(5)); S.I. 1991/2092, art.3 (with art. 4, Sch. 2 Pt. II)

[^c7405081]: 1845 c. 19.

[^c7405091]: Words substituted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(3)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(4)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975

[^c7405191]: S. 28 applied (27.5.1997) by 1997 c. 8, ss. 275(1)(c), 278(2)

[^c7405201]: Words in s. 28 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17 Pt. II para. 16 (with s. 84(5)); S.I. 1991/2092, art. 3

[^c7405211]: Words in s. 28 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9(4)

[^c7405291]: Words substituted by virtue of Tribunals and Inquiries Act 1971 (c. 62), s. 18(4)

[^c7405301]: 1971 c. 62.

[^c7405351]: S. 30(2) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 141, Sch. 27 para. 24

[^c7405361]: S. 30(2) modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 77(3)(4), 335, Sch. 6 para. 8

[^c7405371]: S. 30(3) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), ss. 79, 84(6), Sch. 17 Pt. I, para. 10, Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3, Sch. 1 (with art. 4, Sch. 2 Pt. II)

[^c7405381]: Ss. 31—37 repealed by Land Commission Act 1967 (c. 1), ss. 86, 101, Sch. 17