Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

• (b) which is held, used or occupied by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990,

subsection (1) of this section shall apply with the omission of paragraph (a) and, in paragraph (b), of the words “in any other case”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , no authority shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments.

• (4) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1) of this section.

• (5) In this section “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and includes part of a burial ground; and “monument” includes a tombstone or other memorial and any fixtures or furnishings.

Use and development of land for open spaces

119

• (1) Any land being, or forming part of, a common or open space, which has been acquired by a Minister, a local authority or statutory undertakers under this Part of this Act or compulsorily under any other enactment, or which has been appropriated by a. . . planning authority for planning purposes, may—

• (a) in the case of land acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

• (b) in any other case, be used by any person in any manner in accordance with planning permission,

notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

• (2) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment as is mentioned in subsection (1) of this section.

Displacement of persons from land acquired or appropriated

120

• (1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a. . . planning authority for the purposes for which it was acquired or appropriated, and the carrying out of redevelopment on the land will involve the displacement of persons residing in premises thereon, it shall be the duty of the authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacements from time to time becoming necessary as the redevelopment proceeds.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If the Secretary of State certifies that possession of a house which has been acquired or appropriated by a. . . planning authority for planning purposes, and is for the time being held by the authority for the purposes for which it was acquired or appropriated, is immediately required for those purposes, nothing in the Rent (Scotland) Act 1971 shall prevent the acquiring or appropriating authority from obtaining possession of the house.

• (4) Where any land has been acquired by a Minister or a. . . planning authority under this Part of this Act, or has been appropriated by a. . . planning authority for planning purposes, and possession of any building on the land is required by that Minister or the. . . planning authority in question, as the case may be, for the purposes for which the land was acquired or appropriated, then, at any time after the tenancy of the occupier has expired or has been determined, the Minister or. . . planning authority in question may serve a notice on the occupier of the building requiring him to remove therefrom within a period of twenty-one days; and on the expiry of that period a certified copy of the notice to remove shall be sufficient warrant for ejection against the occupier or any party in his right in the event of non-compliance with the notice.(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

Modification of incorporated enactments for purposes of Part VI

121

• (1) Where it is proposed that land should be acquired compulsorily under section 102 or 103 of this Act, and a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part I of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, or, as the case may be, is made in draft by the Secretary of State for the Environment in accordance with Part II of that Schedule, the confirming authority or that Secretary of State, as the case may be, may disregard for the purposes of that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.

• (2) Where a compulsory purchase order authorising the acquisition of any land under section 102 of this Act is submitted to the Secretary of State in accordance with Part I of Schedule 1 to the said Act of 1947, then if the Secretary of State—

• (a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein; but

• (b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land, he may confirm the order so far as it relates to the land mentioned in paragraph (a) of this subsection, and give directions postponing consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

• (3) Where the Secretary of State gives directions under subsection (2) of this section, the notices required by paragraph 6 of Schedule 1 to the said Act of 1947 to be published and served shall include a statement of the effect of the directions.

• (4) In construing the Lands Clauses Acts and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, as incorporated by virtue of paragraph 1 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, in relation to any of the provisions of this Part of this Act—

• (a) references to the execution of the works or to the construction of the railway shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by section 117 of this Act;

• (b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 6 of the said Act of 1845 to the company shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and

• (c) references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

Interpretation of Part VI

122

• (1) In this Part of this Act any reference to the acquisition of land for planning purposes is a reference to the acquisition thereof under section 102 or 109 of this Act and any reference to the appropriation of land for planning purposes is a reference to the appropriation thereof for purposes for which land can be or could have been acquired under those sections.

• (2) In relation to a. . . planning authority or body corporate, nothing in sections 117 to 119 of this Act shall be construed as authorising any act or omission on their part in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the authority or body.

• (3) Any power conferred by section 118 or 119 of this Act to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.

Part VII — Compensation for Planning Decisions Restricting New Development

Unexpended balance of established development value

Scope of Part VII

123

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

Derivation of unexpended balance from claims under Part V of Act of 1947

124

Original unexpended balance of established development value

125

Claim holdings, their areas and values

126

Adjustment of claim holdings

127

General provision for continuance of original unexpended balance

128

Reduction or extinguishment of balance in consequence of compensation

129

Reduction or extinguishment of balance on initiation of new development

130

Reduction or extinguishment of balance on acquisition of land under compulsory powers

131

Reduction or extinguishment of balance in consequence of severance or injurious affection

132

Supplementary provisions as to deductions from original balance

133

Provision of information relating to unexpended balance

134

Right to compensation

General provision as to right to compensation

135

Planning decisions not ranking for compensation

136

No compensation if certain other development permitted

137

Further exclusions from compensation

138

Grant of planning permission treated as subject to notional condition

139

Notice under s. 70 treated as planning decision

140

Measure of compensation

General provisions as to amount of compensation

141

Assessment of depreciation

142

Claims for, and payment of, compensation

General provisions as to claims for compensation

143

Effect on claims of direction under s. 35

144

Determination of claims

145

• (1) Provision shall be made by regulations under this section—

• (a) for requiring claims for compensation under . . . this Act to be determined by the Secretary of State in such manner as may be prescribed by the regulations;

• (b) for regulating the practice and procedure to be followed in connection with the determination of such claims;

• (c) for requiring the Secretary of State, on determining any such claim, to give notice of his determination to the claimant, and to every other person (if any) who has made, and not withdrawn, a claim for compensation under . . .this Act in respect of the same planning decision, and, if his determination includes an apportionment, to give particulars of the apportionment to any other person entitled to an interest in land appearing to the Secretary of State to be an interest substantially affected by the apportionment.

• (d) for requiring the Secretary of State to pay any compensation determined under this section to the person entitled thereto.

• (2) Subject to subsection (3) of this section, provision shall be made by regulations under this section—

• (a) for enabling the claimant or any other person to whom notice of the Secretary of State’s determination has been given in accordance with subsection (1) of this section, if he wishes to dispute the determination, and any other person to whom particulars of an apportionment included in that determination have been so given, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require the determination, or, as the case may be, the apportionment, to be referred to the Lands Tribunal;

• (b) for enabling the claimant and every other person to whom notice of any determination or apportionment has been given as mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that determination or apportionment, as the case may be; and

• (c) for requiring the Tribunal, on any such reference, either to confirm or to vary the Secretary of State’s determination or the apportionment, as the case may be, and to notify the parties of the decision of the Tribunal.

• (3) Where on a reference to the Lands Tribunal under this section it is shown that an apportionment relates wholly or partly to the same matters as a previous apportionment, and is consistent with that previous apportionment in so far as it relates to those matters, the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

Payment of compensation

146

Subsequent recovery of compensation

Apportionment of, and recording of notice relating to, compensation

147

Recovery of compensation on subsequent development

148

Amount recoverable, and provisions for payment or remission thereof

149

Amount recovered not to be deducted from unexpended balance

150

Supplementary provisions

Provision for diversion of payments

151

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

Calculation of value

152

Part VIII — Compensation for Other Planning Restrictions

Revocation or modification of planning permission

Compensation where planning permission revoked or modified

153

• (1) Subject to section 153A of this Act, where planning permission is revoked or modified by an order under section 42 of this Act,. . . , then if, on a claim made to the . . . planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the land—

• (a) has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

• (b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the . . . planning authority shall pay to that person compensation in respect of that expenditure, loss or damage.

• (2) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

• (3) Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any work carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that permission.

• (4) In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted —.

• (a) subject to the condition set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6;

• (b) for any development of a class specified in paragraph 2 of Schedule 6.

• (5) In this Part of this Act any reference to an order under section 42 of this Act includes a reference to an order under the provisions of that section as applied by section 49(2) of this Act.

Application of s. 153 to special cases of refusal or conditional grant of planning permission

154

• (1) The provisions of this section shall have effect where—

• (a) planning permission for the development of land has been granted by a development order; and

• (b) that permission is withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order; and

• (c) on an application made in that behalf under Part III of this Act, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the development order.

• (1A) Where planning permission granted by a development order is withdrawn by revocation or amendment of the order subsection (1) of this section applies only if the application referred to in paragraph (c) is made before the end of the period of twelve months beginning with the date on which the revocation or amendment came into operation.

• (2) In any case falling within subsection (1) of this section, the provisions of section 153 of this Act shall apply as if the planning permission granted by the development order—

• (a) had been granted by the. . . planning authority under Part III of this Act; and

• (b) had been revoked or modified by an order under section 42 of this Act,

and the provisions of section 155. . . and of sections 156 and 157 of this Act shall apply as if references therein to an order under section 42 of this Act were references to the planning decision whereby the planning permission in question is refused, or is granted subject to conditions other than those previously imposed by the development order.

• (3) This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

• (3A) Regulations made by virtue of this subsection may provide that subsections (1) and (2) of this section shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recording and apportionment of compensation for depreciation

155

• (1) Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation of an amount exceeding £20, the. . . planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and give particulars of any such apportionment to the claimant and to every other person (if any) entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.

• (2) In carrying out an apportionment under subsection (1) of this section, the. . . planning authority shall divide the land into parts, and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order in consequence of which the compensation is payable.

• (3) Regulations under this Act shall make provision—

• (a) for enabling the claimant or any other person to whom notice of the planning authority’s apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;

• (b) for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and

• (c) for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision.

• (4) On a reference to the Lands Tribunal by virtue of subsection (3) of this section, subsections (1) and (2) of this section, so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the. . . planning authority, of references to the Lands Tribunal.

• (5) Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation exceeding £20, the. . . planning authority shall cause notice of that fact in the prescribed form, specifying the land to which the compensation relates and the amount of the compensation for depreciation and any apportionment thereof under this section, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the Secretary of State; . . .

• (5A) In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say—

• (a) if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;

• (b) if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land.

• (6) In this section . . . “compensation for depreciation” means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.

Contribution by Secretary of State towards compensation in certain cases

156

Recovery, on subsequent development, of compensation under s. 153

157

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Subject to subsection (3) of this section, any sum recovered by the Secretary of State under section 156A of this Act shall be paid to the. . . planning authority who paid the compensation to which that sum relates.

• (3) In paying any such sum to the. . . planning authority, the Secretary of State shall deduct therefrom—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . .the amount of any grant paid by him under Part XIII of this Act in respect of that compensation;

• Provided that, if the sum recovered by the Secretary of State is an instalment of the total sum recoverable, or is recovered by reference to development of part of the land in respect of which the compensation was payable, any deduction to be made under . . . paragraph (b) of this subsection shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that paragraph.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other restrictions

Compensation for planning decisions restricting development other than new development

158

Compensation in respect of orders under s. 49

159

• (1) Subject to section 159B of this Act, the provisions of this section shall have effect where an order is made under section 49 of this Act, requiring a use of land to be discontinued, or imposing conditions on the continuance thereof, or requiring any buildings or works on land to be altered or removed.

• (2) If, on a claim made to the. . . planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, that authority shall pay to that person compensation in respect of that damage.

• (3) Without prejudice to subsection (2) of this section, any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the. . . planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

• (4) Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) of this section shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

Compensation for refusal of consent to alteration, etc. of listed building

160

Compensation where listed building consent revoked or modified

161

• (1) Where listed building consent is revoked or modified by an order under paragraph 9 of Schedule 10 to this Act (other than an order which takes effect by virtue of paragraph 11 of that Schedule and without being confirmed by the Secretary of State), then if on a claim made to the. . . planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

• (a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or

• (b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

• (2) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

• (3) Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any works carried out before the grant of the listed building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

Compensation for loss or damage caused by service of building preservation notice

162

• (1) The provisions of this section shall have effect as respects compensation where a building preservation notice is served.

• (2) The. . . planning authority shall not be under any obligation to pay compensation under section 160 of this Act, in respect of any refusal of listed building consent or its grant subject to conditions, unless and until the building is included in a list compiled or approved by the Secretary of State under section 52 of this Act; but this subsection shall not prevent a claim for such compensation being made before the building is so included.

• (3) If the building preservation notice ceases to have effect without the building having been included in a list so compiled or approved, then, subject to a claim in that behalf being made to the. . . planning authority within the time and in the manner prescribed by regulations under this Act, any person who at the time when the notice was served had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

• (4) The loss or damage in respect of which compensation is payable under subsection (3) of this section shall include a sum payable in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect thereto.

Compensation in respect of tree preservation orders

163

The matters for which provision may under section 58 of this Act be made by a tree preservation order include the payment by the. . . planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence of the refusal of any consent required under the order, or of the grant of any such consent subject to conditions.

Compensation in respect of requirement as to replanting of trees

164

• (1) The provisions of this section shall have effect where a requirement is imposed by the. . . planning authority or the Secretary of State by or under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

• (2) If the Forestry Commissioners decide not to make any advance under section 1 of the Forestry Act 1979 in respect of the replanting and come to that decision on the ground that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the. . . planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.

• (3) The Forestry Commissioners shall, at the request of the person under a duty to comply with the requirement, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

• (4) A claim for compensation under this section must be served on the. . . planning authority within twelve months from the date on which the requirement was imposed, or where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, from the date of the decision of the Secretary of State on the application, but subject in either case to such extension of that period as the. . . planning authority may allow.

• (5) Any question of disputed compensation under this section shall be determined in accordance with section 70 of the Countryside (Scotland) Act 1967.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation for restrictions on advertising

165

Where, for the purpose of complying with any regulations made under section 61 of this Act, works are carried out by any person—

• (a) for removing an advertisement which was being displayed on 16th August 1948; or

• (b) for discontinuing the use for the display of advertisements of a site used for that purpose on that date,

that person shall, on a claim made to the. . . planning authority within the time and in the manner prescribed by regulations under this Act, be entitled to recover from that authority compensation in respect of any expenses reasonably incurred by him in that behalf.

Compensation for loss due to stop notice

166

• (1) Where a stop notice under section 87 of this Act ceases to have effect, a person who, at the time when it was first served, had an interest , whether as owner or occupier or otherwise, in the land to which it relates shall, subject to the provisions of this section,, be entitled to be compensated by the. . . planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice or, in a case to which subsection (2)(b) of this section applies, the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities.

• (2) A person shall be entitled to compensation under subsection (1) of this section in respect of a prohibition contained in a stop notice in any of the following circumstances:—

• (a) the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 85(1) of this Act;

• (b) the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity within the meaning of section 87(2) of this Act;

• (c) the enforcement notice is withdrawn by the. . . planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates . . .;

• (d) the stop notice is withdrawn.

• (3) A prohibition in a stop notice shall be treated for the purposes of subsection (2) of this section as dependent on an allegation in an enforcement notice if and to the extent that the activity to which the prohibition in the stop notice relates are the same as those alleged in the enforcement notice to constitute a breach of planning control or are so closely associated therewith as to constitute substantially the same activity.

• (4) A claim for compensation under this section shall be made to the. . . planning authority within the time and in the manner prescribed by regulations under this Act.

• (5) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. . . .

• (6) No compensation is payable under this section—

• (a) in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

• (b) in the case of a claimant who was required to provide information under section 83C, 83D or 270 of this Act in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the planning authority when responding to the notice.

Supplementary provisions

General provisions as to compensation for depreciation under Part VIII

167

• (1) For the purpose of assessing any compensation to which this section applies, the rules set out in section 12 of the Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

• (2) Subject to regulations under section 167A of this Act, this section applies to any compensation which, under the preceding provisions of this Part of this Act, other than section 163, 164 or 166, is payable in respect of depreciation of the value of an interest in land.

• (3) In relation to the assessment of compensation payable under section 153 of this Act, the value of any interest may be a minus quantity.

• (4) Where an interest in land is subject to a heritable security—

• (a) any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the security;

• (b) a claim for any such compensation may be made by any creditor in a heritable security over the interest, but without prejudice to the making of a claim by the person entitled to the interest;

• (c) no compensation to which this section applies shall be payable in respect of the interest of the creditor in the heritable security (as distinct from the interest which is subject to the security); and

• (d) any compensation to which this section applies which is payable in respect of the interest which is subject to the heritable security shall be paid to the creditor in the security, or, if there is more than one such creditor, to the creditor whose security ranks first, and shall in either case be applied by him as if it were proceeds of sale by him under the powers competent to creditors in heritable securities.

Determination of claims for compensation

168

• (1) Except in so far as may be otherwise provided by section 164(5) of this Act, by any tree preservation order or by any regulations made under this Act, any question of disputed compensation under this Part of this Act including any question of disputed compensation under section 153, 159, 167, 226 or 227 of this Act as modified by regulations under section 167A of this Act shall be referred to and determined by the Lands Tribunal.

• (2) In relation to the determination of any such question, the provisions of sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply, subject to any necessary modifications and to the provisions of any regulations made under this Act.

Part IX — Provisions Enabling Owner or Lessee to Require Purchase of his Interest

Interests affected by planning decisions or orders

Purchase notice on refusal or conditional grant of planning permission

169

• (1) Where, on an application for planning permission to develop any land, permission is refused or is granted subject to conditions, then if any owner or lessee of the land claims—

• (a) that the land has become incapable of reasonably beneficial use in its existing state; and

• (b) in a case where planning permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

• (c) in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the. . . planning authority or the Secretary of State has undertaken to grant planning permission,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the following provisions of this Part of this Act.

• (2) Where, for the purpose of determining whether the conditions specified in subsection (1)(a) to (c) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective development other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded,. . .

• (5) a person on whom there has been served a repairs notice under section 105 of this Act shall not in any case be entitled to serve a purchase notice under this section in respect of the building in question until the expiration of three months beginning with the date of the service of the repairs notice; and if during that period the. . . planning authority or the Secretary of State start the compulsory acquisition of the building in the exercise of their powers under section 104 of this Act, that person shall not be so entitled unless and until the compulsory acquisition is discontinued.

• (6) For the purposes of subsection (5) of this section a compulsory acquisition—

• (a) is started when the. . . planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and

• (b) is discontinued, in the case of acquisition by a. . . planning authority, when they withdraw the compulsory purchase order or the Secretary of State decides not to confirm it and, in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order.

• (7) A notice under this section, or under any other provision of this Part of this Act to which this subsection is applied, is in this Act referred to as a “purchase notice”.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Action by local planning authority on whom purchase notice is served

170

• (1) The. . . planning authority on whom a purchase notice is served under section 169 of this Act shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner or lessee by whom the purchase notice was served a notice stating either—

• (a) that the. . . planning authority are willing to comply with the purchase notice; or

• (b) that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or

• (c) that, for reasons specified in the notice under this subsection, the. . . planning authority are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection.

• (2) Where the. . . ning authority on whom a purchase notice is served by an owner or lessee have served on him a notice in accordance with subsection (1)(a) or (b) of this section, the. . . planning authority, or the local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect thereof on the date of service of the notice under that subsection.

• (3) Where the. . . planning authority on whom a purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with subsection (1)(c) of this section, then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve.

• (4) Where the. . . planning authority on whom a purchase notice is served by an owner or lessee do not, within the period specified in subsection (1) of this section, serve on him a notice under that subsection, the purchase notice shall be deemed to be confirmed at the expiration of that period, and the authority shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect thereof at the expiration of the said period.

• (5) In this section “the relevant provisions” means the provisions of Part VI of this Act or, in the case of statutory undertakers any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

Procedure on reference of purchase notice to Secretary of State

171

• (1) Where a copy of a purchase notice is transmitted to the Secretary of State under section 170(3) of this Act, the Secretary of State shall consider whether to confirm the notice or to take other action under section 172 of this Act in respect thereof.

• (2) Before confirming a purchase notice or taking any other action under section 172 of this Act in respect thereof, the Secretary of State shall give notice of his proposed action—

• (a) to the person by whom the purchase notice was served;

• (b) to the. . . planning authority on whom the purchase notice was served; and

• (c) if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the. . . planning authority on whom the purchase notice was served, to that other local authority or those statutory undertakers.

• (3) If, within such period as may be specified in a notice under subsection (2) of this section, being a period of not less than twenty-eight days from the service of that notice, any of the persons, authorities or statutory undertakers on whom that notice is served so requires, the Secretary of State, before confirming the purchase notice or taking any other action under section 172 of this Act in respect thereof, shall afford to those persons, authorities and undertakers an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (4) Where the Secretary of State has given notice under subsection (2) of this section of his proposed action, and any of the persons, authorities and statutory undertakers concerned have appeared before and been heard by a person appointed by the Secretary of State for the purpose, or the persons, authorities and undertakers concerned have agreed to dispense with such a hearing, and it then appears to the Secretary of State to be expedient to take action under section 172 of this Act otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.

Action by Secretary of State in relation to purchase notice

172

• (1) Subject to the following provisions of this section and to section 173 of this Act, if the Secretary of State is satisfied that the conditions specified in section 169(1)(a) to (c) of this Act are fulfilled in relation to a purchase notice, he shall confirm the notice.

• (2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, grant planning permission for the development in respect of which the application was made, or, where planning permission for that development was granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development.

• (3) If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which planning permission ought to be granted, he may, in lieu of confirming the purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

• (4) If it appears to the Secretary of State to be expedient that another local authority or statutory undertakers should acquire the interest of the owner or lessee for the purpose of any of their functions, he may, if he confirms the notice, modify it, either in relation to the whole or in relation to any part of the land to which it relates, by substituting that other authority or, as the case may be, those statutory undertakers for the. . . planning authority on whom the notice was served.

• (5) In section 171 of this Act, any reference to the taking of action by the Secretary of State under this section is a reference to the taking by him of any such action as is mentioned in subsections (1) to (4) of this section, or to the taking by him of a decision not to confirm the purchase notice either on the grounds that any of the conditions referred to in subsection (1) of this section are not fulfilled or by virtue of section 173 of this Act.

Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission

173

• (1) This section shall have effect where, on an application for planning permission to develop any land which consists in whole or in part of land which has a restricted use by virtue of a previous planning permission, permission is refused or granted subject to conditions and an owner of the land serves a purchase notice under section 169 of this Act.

• (2) For the purposes of this section, land is to be treated as having a restricted use by virtue of a previous planning permission if it is part of a larger area in respect of which planning permission was previously granted (and has not been revoked) and either—

• (a) it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or

• (b) the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as aforesaid.

• (3) If a copy of the purchase notice is transmitted to the Secretary of State under section 170(3) of this Act the Secretary of State, although satisfied that the land has become incapable of reasonably beneficial use in its existing state, shall nevertheless not be required under section 172(1) of this Act to confirm the notice if it appears to him that the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission, to remain undeveloped or, as the case may be, remain or be preserved or laid out as amenity land in relation to the remainder of the large area for which that planning permission was granted.

Power to refuse to confirm purchase notice in respect of office premises

174

Effect of Secretary of State's action in relation to purchase notice

175

• (1) Where the Secretary of State confirms a purchase notice, the. . . planning authority on whom the purchase notice was served (or, if under section 172(4) of this Act the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that. . . planning authority, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

• (2) If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in section 172(2) or (3) of this Act, and has not notified the owner or lessee, as the case may be, by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period, and the authority on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served notice to treat in respect thereof at the end of that period.

• (3) For the purposes of subsection (2) of this section the relevant period is , subject to subsection (3A) of this section, the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

• (3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 170(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

• section 33 (appeal against refusal of planning permission, &c.),

• section 85 (appeal against enforcement notice),

• section 91 (appeal against refusal of established use certificate),

• section 93 (appeal against listed building enforcement notice), or

• paragraph 7 or 8 of Schedule 10 (appeal against refusal of listed building consent, &c.).

• (4) Where the Secretary of State has notified the owner or lessee by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision not to confirm the notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming the notice, either wholly or in part) and that decision of the Secretary of State is quashed under the provisions of Part XII of this Act, the purchase notice shall be treated as cancelled, but the owner or lessee may serve a further purchase notice in its place.

• (5) For the purposes of any regulations made under this Act as to the time within which a purchase notice may be served, the service of a purchase notice under subsection (4) of this section shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the planning decision, in consequence of which the notice is served, had been made on the date on which the decision of the Secretary of State was quashed as mentioned in subsection (4) of this section.

• (6) In this section “the relevant provisions” has the same meaning as in section 170 of this Act.

Special provisions as to compensation where purchase notice served

176

• (1) Where by virtue of section 153 of this Act compensation is payable in respect of expenditure incurred in carrying out any work on land, then, if a purchase notice is served in respect of an interest in that land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that section.

• (2) Where a purchase notice served in respect of an interest in land does not take effect, or does not take effect in relation to a part of the land, by reason that the Secretary of State gives a direction under section 172(3) of this Act, then if, on a claim made to the. . . planning authority within the time and in the manner prescribed by regulations under this Act it is shown that the permitted development value of that interest (or, as the case may be, of that interest so far as it relates to that part of the land) is less than its Schedule 6 value, the. . . planning authority shall pay to the person entitled to that interest compensation of an amount which (subject to the following provisions of this section) shall be equal to the difference.

• (3) If the planning permission which, by the direction referred to in subsection (2) of this section, is required to be granted would be granted subject to conditions for regulating the design or external appearance of buildings, or the size or height of buildings, or for regulating the number of buildings to be erected on the land, the Secretary of State, if it appears to him to be reasonable to do so having regard to the local circumstances, may direct that those conditions shall be disregarded, either altogether or to such extent as may be specified in the direction, in assessing any compensation payable under subsection (2) of this section.

• (4) Sections 167 and 168 of this Act shall have effect in relation to compensation under subsection (2) of this section as they have effect in relation to compensation to which those sections apply.

• (5) In this section “permitted development value”, in relation to an interest in land in respect of which a direction is given under section 172(3) of this Act, means the value of that interest calculated with regard to that direction, but on the assumption that no planning permission would be granted otherwise than in accordance with that direction, and.

Purchase notice in respect of order revoking or modifying planning permission

177

• (1) Where by an order under section 42 of this Act planning permission in respect of any land is revoked, or is modified by the imposition of conditions, then if any owner or lessee of the land claims—

• (a) that the land has become incapable of reasonably beneficial use in its existing state; and

• (b) in a case where the planning permission was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

• (c) in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the. . . planning authority or the Secretary of State has undertaken to grant planning permission,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the preceding provisions of this Part of this Act.

• (2) Section 169(7) of this Act shall apply to this section; and, subject to subsection (3) of this section, sections 169(2), 170 to 173, 175 and 176 of this Act shall apply to a notice served by virtue of subsection (1) of this section as they apply to a notice served by virtue of section 169(1) of this Act

• (3) In the application of subsection (2) of section 169 of this Act to a purchase notice served by virtue of subsection (1) of this section, that subsection shall apply as if the words “or which would contravene the condition set out in Schedule 16 to this Act” were omitted; and in the application of section 172 of this Act, to a purchase notice served as aforesaid, that section shall apply as if the following subsection were substituted for subsection (2) thereof—

“(2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, cancel the order revoking the planning permission, or, where the order modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted”.

Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works.

178

• (1) If any person entitled to an interest in land in respect of which an order is made under section 49 of this Act claims—

• (a) that by reason of the order the land is incapable of reasonably beneficial use in its existing state, and

• (b) that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the preceding provisions of this Part of this Act.

• (2) Section 169(7) of this Act shall apply to this section; and, subject to subsection (3) of this section, sections 169(2), 170 to 173, 175 and 176 of this Act shall apply to a notice served by virtue of subsection (1) of this section as they apply to a notice served by virtue of section 169(1) of this Act.

• (3) In the application of subsection (2) of section 169 of this Act to a purchase notice served by virtue of subsection (1) of this section, that subsection shall apply as if the words “or which would contravene the condition set out in Schedule 16 to this Act” were omitted; and in the application of section 172 of this Act to a purchase notice served as aforesaid, that sec tion shall have effect subject to the following modifications, that is to say—

• (a) in subsection (1), for the reference to the conditions therein mentioned, there shall be substituted a reference to the conditions specified in subsection (1)(a) and (b) of this section; and

• (b) the following subsection shall be substituted for subsection (2)—

“(2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, revoke the order under section 49 of this Act, or, as the case may be, amend that order so far as appears to him to be required in order to prevent the land from being rendered incapable of reasonably beneficial use by the order”.

• (4) Where a purchase notice in respect of an interest in land is served in consequence of such an order as is mentioned in subsection (1) of this section, then if—

• (a) that interest is acquired in accordance with the preceding provisions of this Part of this Act; or

• (b) compensation is payable in respect of that interest under section 176(2) of this Act,

no compensation shall be payable in respect of that order under section 159 of this Act.

• (5) Except as provided by this section, no purchase notice shall be served in respect of an interest in land while the land is incapable of reasonably beneficial use by reason only of such an order as is mentioned in subsection (1) of this section.

Purchase notice on refusal or conditional grant of listed building consent

179

• (1) Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 10 to this Act, listed building consent is revoked or modified, then if any owner or lessee of the land claims—

• (a) that the land has become incapable of reasonably beneficial use in its existing state; and

• (b) in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and

• (c) in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the. . . planning authority or the Secretary of State has undertaken to grant such consent,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with Schedule 17 to this Act.

• (2) Where, for the purpose of determining whether the conditions specified in subsection (1)(a) to (c) of this section are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development (other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act) or of any works requiring listed building consent which might be executed to the building, other than works for which the. . . planning authority or the Secretary of State have undertaken to grant such consent.

• (3) In this section and in Schedule 17 to this Act, “the land” means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner or lessee serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned or occupied with it, being land as to which the owner or lessee claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.

• (4) Subsections (5) and (6) of section 169 of this Act shall apply to a listed building purchase notice as they apply to a purchase notice under that section.

• (5) A notice under this section is in this Act referred to as a “listed building purchase notice”.

Purchase notices in other cases

180

• (1) Sections 169 to 172, 175 and 176 of this Act are provisions falling within subsection (2) of section 58 of this Act; and subsection (1) of the said section 58 and subsection (2) of section 61 of this Act, shall have effect accordingly.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interests of owner-occupiers affected by planning proposals

Scope of these provisions

181

• (1) The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—

• (a) is land indicated in a structure plan in force either as land which may be required for the purposes of any of the following functions, that is to say, those of a government department, local authority or statutory undertakers, . . . or the establishment or running by a public telecommunications operator of a telecommunication system, or as land which may be included in an action area; or

• (b) is land allocated for the purposes of any such functions by a local plan in force, or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or

• (c) is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a road is proposed to be constructed or land to be included in a road as proposed to be improved or altered; or

• (d) is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or

• (e) is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—

• (i) which has come into operation under; or

• (ii) which is proposed to be made or confirmed under, and in respect of which a notice has been published under Schedule 1 to,

the Roads (Scotland) Act 1984 being land in relation to which a power of compulsory acquisition conferred by that Act may become exercisable as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme;

• (f) is land shown on plans approved by a resolution of a local roads authority as land comprised in the site of a road as proposed to be constructed, improved or altered by that authority; or

• (g) is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land; or

• (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;

• (i) is land in the case of which there is in force a compulsory purchase order providing for the acquisition of a right in or over that land, and the appropriate authority have power to serve, but have not served, notice to treat in respect of the right.

• (2) Paragraph (a) of subsection (1) of this section shall not apply to land situated in an area for which a local plan is in force, where that plan—

• (a) allocates any land in the area for the purposes of such functions as are mentioned in that paragraph; or

• (b) defines any land in the area as the site of proposed development for the purposes of any such functions.

• (3) Interests qualifying for protection under these provisions are either—

• (a) interests in hereditaments or parts of hereditaments; or

• (b) interests in agricultural units or parts of agricultural units.

• (4) An interest in the whole or part of a hereditament shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, either—

• (a) the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest in question is the interest of an owner-occupier of the hereditament; or

• (b) in a case not falling within the preceding paragraph, the interest in question is the interest of a resident owner-occupier of the hereditament.

• (4A) The Secretary of State may, by regulations made under this subsection, substitute for any reference in these provisions to “annual value” or “hereditament” such other reference as he may consider appropriate; and such regulations may make such supplemental or consequential amendments of this Act or of any other enactment whether passed before or after this Act as the Secretary of State thinks fit.

• (5) An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.

• (6) In this section and in the said sections 182 to 196 “these provisions” means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to (i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. or section 73 of the Land Compensation (Scotland) Act 1973

Power to serve blight notice

182

• (1) Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the specified descriptions, and a person claims that—

• (a) he is entitled to an interest in that hereditament or unit; and

• (b) the interest is one which qualifies for protection under these provisions; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . he has made reasonable endeavours to sell that interest or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable; and

• (d) in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, these provisions.

• (2) Subsection (1) of this section shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

• (a) if he is entitled to an interest in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of the hereditament or unit; or

• (b) if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the entirety of that part.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In these provisions “the claimant”, in relation to a blight notice, means the person who served that notice, and any reference to the interest of the claimant, in relation to such a notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1) of this section.

• (5) Where the claimant is a crofter or cottar, this section shall have effect as if—

• (a) in subsection (1)(c) for the word “sell” there were substituted the word “assign”;

• (b) in subsection (1)(d) for the words from “sell it” to “to sell” there were substituted the words “assign it except at a price substantially lower than that for which he might reasonably have expected to assign it”;

• (c) in subsections (1) and (4) for the word “purchase” there were substituted the words “take possession of”

Objection to blight notice

183

• (1) Where a blight notice has been served in respect of a hereditament or an agricultural unit, the appropriate authority, at any time before the end of the period of two months beginning with the date of service of that notice, may serve the claimant a counter-notice in the prescribed form objecting to the notice.

• (2) Subject to the following provisions of this section, the grounds on which objection may be made in a counter-notice to a notice served under section 182 of this Act are—

• (a) that no part of the hereditament or agricultural unit to which the notice relates is comprised in land of any of the specified descriptions;

• (b) that the appropriate authority (unless compelled to do so by virtue of these provisions) do not propose to acquire any part of the hereditament, or (in the case of an agricultural unit) any part of the affected area, in the exercise of any relevant powers;

• (c) that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or (in the case of an agricultural unit) a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of these provisions) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;

• (d) that (in the case of land falling within paragraph (a) or (c) but not (e), (f) or (h) of section 181(1) of this Act) the appropriate authority (unless compelled to do so by virtue of these provisions) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or (in the case of an agricultural unit) any part of the affected area during the period of fifteen years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;

• (e) that, on the date of service of the notice under section 182 of this Act, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;

• (f) that (for reasons specified in the counter-notice) the interest of the claimant is not an interest qualifying for protection under these provisions;

• (g) that the conditions specified in paragraphs (c) and (d) of section 182(1) of this Act are not fulfilled.

• (3) An objection may not be made on the grounds mentioned in paragraph (d) of subsection (2) of this section if it may be made on the grounds mentioned in paragraph (b) of that subsection.

• (3A) Where the appropriate enactment confers power to acquire a right in or over land, subsection (2) of this section shall have effect as if—

• (a) in paragraph (b), after the word “acquire” there were inserted the words “or to acquire any right in or over”;

• (b) in paragraph (c), for the words “do not propose to acquire” there were substituted the words “propose neither to acquire nor to acquire any right in or over”;

• (c) in paragraph (d), after the words “affected area” there were inserted the words “or to acquire any right in or over any part thereof”.

• (4) Any counter-notice served under this section in respect of blight notice shall specify the grounds (being one or more of the grounds mentioned in the preceding provisions of this section or, as relevant, in section 190(6) of this Act) or section 73(3) or 75(1) of the Land Compensation (Scotland) Act 1973) on which the appropriate authority object to the notice.

• (5) In this section “relevant powers”, in relation to any land falling within any of the specified descriptions, means any powers under which the appropriate authority are or could be authorised—

• (a) to acquire or to acquire any right in or over that land compulsorily as being land falling within that description; or

• (b) to acquire or to acquire any right in or over that land compulsorily for any of the relevant purposes;

and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the description in question, it is liable to be acquired or is indicated as being proposed to be acquired.

Reference of objection to Lands Tribunal

184

• (1) Where a counter-notice has been served under section 183 of this Act objecting to a blight notice, the claimant, at any time before the end of the period of two months beginning with the date of service of the counter-notice, may require the objection to be referred to the Lands Tribunal.

• (2) On any such reference, if the objection is not withdrawn, the Lands Tribunal shall consider the matters set out in the notice served by the claimant and the grounds of the objection specified in the counter-notice; and, subject to subsection (3) of this section, unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.

• (3) An objection on the grounds mentioned in section 183(2)

(b), (c) or (d) of this Act shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

• (4) If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.

• (5) If the Tribunal upholds the objection, but only on the grounds mentioned in section 183(2)(c) of this Act, the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament or (in the case of an agricultural unit) of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned, but not in relation to any other part of the hereditament or affected area.

• (6) In any case falling within subsection (4) or subsection (5) of this section, the Tribunal shall give directions specifying the date on which notice to treat or, in a case where the claimant is a crofter or cottar, notice of entry (as mentioned in section 185 of this Act) is to be deemed to have been served.

Effect of valid blight notice

185

• (1) Where a blight notice has been served, and either—

• (a) no counter-notice objecting to that notice is served in accordance with these provisions; or

• (b) where such a counter-notice has been served, the objection is withdrawn, or, on a reference to the Lands Tribunal, is not upheld by the Tribunal,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or (in the case of an agricultural unit) the interest of the claimant in so far as it subsists in the affected area, and to have served a notice to treat in respect thereof on the date mentioned in subsection (2) of this section.

• (2) The said date—

• (a) in a case where, on a reference to the Lands Tribunal, the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 184(6) of this Act;

• (b) in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.

• (3) Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 183(2)(c) of this Act, then if either—

• (a) the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and withdraws his claim as to the remainder of that hereditament or area; or

• (b) on a reference to the Lands Tribunal, the Tribunal makes a declaration in accordance with section 184(5) of this Act in respect of that part of the hereditament or affected area,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (4) of this section.

• (4) The said date—

• (a) in a case falling within paragraph (a) of subsection (3) of this section, is the date on which notice is given in accordance with that paragraph; and

• (b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Lands Tribunal in accordance with section 184(6) of this Act.

• (5) Where the claimant is a crofter or cottar, this section shall have effect as if in subsections (1) and (3) for the words from “acquire” to “respect thereof” there were substituted the words “require the crofter or cottar to give up possession of the land occupied by him and to have served a notice of entry in respect thereof under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.”

Compensation for compulsory purchase of historic buildings and of land in clearance areas

186

Where an interest in land is acquired in pursuance of a blight notice and the interest is one—

• (a) in respect of which a compulsory purchase order is in force under section 1 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (as applied by section 104 of this Act) containing a direction for minimum compensation under section 107 of this Act; or

• (b) in respect of which a compulsory purchase order is in force under the said section 1 as applied by paragraph 5 of Schedule 8 to the Housing (Scotland) Act 1987;

the compensation payable for the acquisition shall, in a case falling within paragraph (a) of this section, be assessed in accordance with the direction mentioned in that paragraph and, in a case falling within paragraph (b) of this section, be assessed in accordance with paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 in either case as if the notice to treat deemed to have been served in respect of the interest under section 185 of this Act had been served in pursuance of the compulsory purchase order.

Withdrawal of blight notice

187

• (1) Subject to subsection (2) of this section, the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Lands Tribunal, or at any time before the end of the period of six weeks beginning with the date on which the compensation is so determined; and, where such a notice is withdrawn by virtue of this subsection, any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.

• (2) A person shall not be entitled by virtue of subsection (1) of this section to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.

• (3) No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (1) of this section.

Effect on powers of compulsory acquisition of counternotice disclaiming intention to acquire

188

• (1) The provisions of subsection (2) of this section shall have effect where the grounds of objection specified in a counter-notice served under section 183 of this Act consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (2) of that section, and either—

• (a) the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal, or

• (b) the time for referring that objection to the Lands Tribunal expires without its having been so referred.

• (2) If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or if the land in question falls within section 181(1)(d) of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part thereof shall cease to have effect.

• (3) The provisions of subsection (4) of this section shall have effect where the grounds of objection specified in a counter-notice under section 183 of this Act consist of or include the grounds mentioned in paragraph (c) of subsection (2) of that section, and either—

• (a) the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal; or

• (b) the time for referring that objection to the Lands Tribunal expires without its having been so referred;

and in subsection (4) of this section any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.

• (4) If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or if the land in question falls within section 181(1)(d) of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.

• (5) Where the claimant is a crofter or cottar, this section shall have effect as if in subsections (2) and (4) for the words from “or by” to “claimant in” there were substituted the words “to require the crofter or cottar to give up possession of”.

Death of claimant after service of blight notice

189

• (1) In relation to any time after the death of a person who has served a blight notice, the provisions mentioned in subsection (2) of this section shall apply as if any reference therein to the claimant were a reference to the person who, on the claimant’s death, has succeeded to his interest in the hereditament or agricultural unit in question.

• (2) The said provisions are sections 183(1), 184(1) and 185(3) of this Act.

Power of heritable creditor to serve blight notice

190

• (1) Where the whole or part of a hereditament or agricultural unit is comprised in land falling within any of the specified descriptions and a person claims that—

• (a) he is entitled as heritable creditor (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . he has made reasonable endeavours to sell that interest or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable; and