Land Compensation (Scotland) Act 1973

• (a) section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation for tenants from year to year, etc.) and either section 56 of the Agricultural Holdings (Scotland) Act 1991 or (as the case may be) section 54(1) to (3) of the Agricultural Holdings (Scotland) Act 2003 shall have effect as if the notice to quit or (as the case may be) notice of intention to resume land had not been served and the acquiring authority had taken possession of the holding in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before that on which the tenancy terminates in accordance with the notice to quit or (as the case may be) notice of intention to resume land; and

• (b) either (as the case may be)–

• (i) the provisions of the Agricultural Holdings (Scotland) Act 1991 relating to the compensation to a tenant on the termination of his tenancy and sections 54 and 58(1) and (2) of that Act (additional payment and compensation in cases of notice to quit); or

• (ii) the provisions of the Agricultural Holdings (Scotland) Act 2003 relating to compensation to a tenant on the termination of his tenancy,

shall not have effect in relation to the termination of the tenancy by reason of the notice to quit or (as the case may be) the notice of intention to resume land.

• (3) No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land (whether the whole or part of the land to which the notice to quit relates) if, before the expiration of that notice, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.

• (4) Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the holding is given up.

• (5) This section shall have effect in relation to a notice to quit or (as the case may be) notice of intention to resume land part of an agricultural holding as it has effect in relation to a notice to quit or (as the case may be) notice of intention to resume land an entire holding and references to a holding and the termination of the tenancy shall be construed accordingly.

• (6) A person served with a notice to quit part of an agricultural holding shall not be entitled, in relation to that notice, both to make an election under this section and to give a counter-notice under section 30 of the Agricultural Holdings (Scotland) Act 1991 (tenant’s right to treat notice to quit part of holding as notice to quit entire holding) or, as the case may be, to give notice under section 17(3) of the Agricultural Holdings (Scotland) Act 2003 (resumption of land by landlord) .

• (7) The reference in subsection (1)(a) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 49(5) above and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 242(1) of the Town and Country Planning (Scotland) Act 1997)..

• (8) This section and section 57 below shall have effect in relation to a notice given in pursuance of a stipulation in a lease entitling the landlord to resume land for building, planting, feuing or other purposes (not being agricultural purposes) as it has effect in relation to a notice to quit or (as the case may be) a notice of intention to resume land as if, in this section, subsections (1)(b) and (6) were omitted; and references in this section to the termination of the tenancy shall be construed accordingly.

• (9) This section shall not apply where the person in occupation of an agricultural holding is a crofter, landholder or statutory small tenant.

Requirement to surrender croft, etc.: right to opt for notice of entry compensation

56

• (1) This section has effect where—

• (a) the person in occupation of an agricultural holding is a crofter and is required by an order of the Scottish Land Court under section 12 of the Crofters (Scotland) Act 1955 to surrender his croft; and

• (b) the crofter is so required—

• (i) after an acquiring authority have served notice to treat on the landlord of the croft or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the croft, and

• (ii) where the Court have been satisfied under the said section 12 that the landlord desires to resume the croft for a reasonable purpose which is a purpose other than an agricultural purpose.

• (2) If the crofter required by such an order to surrender his croft elects that this subsection shall apply to the order and gives up possession of the croft to the acquiring authority on or before the date on which the croft is required to be surrendered in accordance with the order—

• (a) section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation for tenants from year to year, etc.) shall have effect as if the crofter had not been so required to surrender his croft and the acquiring authority had taken possession of the croft in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before that on which the croft is required to be surrendered in accordance with the order; and

• (b) any provision of an order under section 12 of the Crofters (Scotland) Act 1955 relating to the compensation to a crofter shall not have effect in relation to the surrender of the croft by reason of the order.

• (3) No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land to which such an order relates if, before the date on which the croft is required to be surrendered in accordance with the order, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.

• (4) Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the croft is given up.

• (5) This section shall have effect in relation to an order to surrender part of a croft as it has effect in relation to an order to surrender an entire croft and references to a croft shall be construed accordingly.

• (6) The reference in subsection (1)(b)(i) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 49(5) above.

• (7) This section shall apply to a landholder as it applies to a crofter except that for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the Crofters Holdings (Scotland) Act 1886.

• (8) This section shall apply to a statutory small tenant subject to the modifications set out in Part I of Schedule 1 to this Act; and in accordance with this subsection this section shall have effect in relation to a statutory small tenant as set out in Part II of that Schedule.

Notice to quit part of agricultural holding: right to claim notice of entry compensation for remainder of holding

57

• (1) Where a notice to quit in respect of which a person is entitled to make an election under section 55 above relates to part only of an agricultural holding and that person makes such an election within the period of two months beginning with the date of service of that notice, or, if later, the decision of the Scottish Land Court, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.

• (2) If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.

• (3) Where a notice under subsection (1) above is accepted as, or declared to be, valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the holding to which the notice relates, section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.

• (4) Subsections (2) to (4) of section 51 and subsection (3) of section 52 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 51, and shall so apply with the necessary modifications and as if any reference to the notice of entry were a reference to the notice to quit.

• (5) Where an election under section 55 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall also cease to have effect in relation thereto.

Requirement to surrender part of croft, etc.: right to claim notice of entry compensation for remainder

58

• (1) Where an order of the Scottish Land Court in respect of which a person is entitled to make an election under section 56 above relates to part only of a croft or holding and that person makes such an election within the period of two months beginning with the date of the making of the order, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the croft or holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.

• (2) If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.

• (3) Where a notice under subsection (1) above is accepted as, or declared to be valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the croft or holding to which the notice relates, section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.

• (4) Subsections (2) to (4) of section 51 and subsection (3) of section 52 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 51, and shall so apply with the necessary modifications and as if in section 51(3)(b) for the words “service of the notice of entry” and in section 52(3) for the words “the notice of entry” there were substituted the words “the order of the Scottish Land Court”.

• (5) Where an election under section 56 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall cease to have effect in relation thereto.

• (6) Subsection (3) above shall apply in the case of the holding of a statutory small tenant as if after the word “1845” there were inserted the words “and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968”.

Interest on compensation for injurious affection where no land taken

59

Compensation under section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 40 of the Land Compensation (Scotland) Act 1963, from the date of the claim until payment.

Extension of grounds for challenging validity of compulsory purchase order

60

In paragraph 15 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (which enables an aggrieved person to challenge the validity of a compulsory purchase order on the ground that certain requirements have not been complied with) references to those requirements shall include references to any requirements of the Tribunals and Inquiries Act 1971 or of any rules made, or having effect as if made, under that Act.

Construction of section 6 of Railways Clauses Consolidation (Scotland) Act 1845

61

At the end of section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 (construction of railway to be subject to that Act and Land Clauses Consolidation (Scotland) Act 1845 there shall be added the following subsection—

(2) For the avoidance of doubt it is hereby declared that in this section the reference to the construction of the railway includes a reference to the execution of works in connection therewith.

Amendment of section 35 of Roads (Scotland) Act 1970

62

Section 35 of the Roads (Scotland) Act 1970 (general provisions as to acquisition of land) shall have effect as if—

• (a) after subsection (1) there were inserted the following subsection—

(1A) Any power to acquire land compulsorily conferred by any of the said sections or by section 20 of the Land Compensation (Scotland) Act 1973 shall include power to acquire a servitude or other right in or over land by the creation of a new right.

• (b) at the end there were added the following subsection—

(5) Where under section 29, 30, 31, 32 or 33 of this Act or section 20 of the Land Compensation (Scotland) Act 1973 a highway authority are authorised to acquire land by agreement, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845, and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, shall be incorporated with this Act, and in construing those Acts for the purposes of this subsection this Act shall be deemed to be the special Act, and the highway authority to be the promoters of the undertaking or cmpany, as the case may require, and the word “land” shall have the meaning assigned to it by section 50(1) of this Act.

Provisions relating to acquisition of new rights

63

• (1) Subject to the provisions of this section, the Lands Clauses Consolidation (Scotland) Act 1845 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply subject to any necessary modifications to the compulsory acquisition under any enactment of a right in or over land by the creation of a new right as they apply to the compulsory acquisition of land under the enactment in question.

• (2) Section 61 of the said Act of 1845 (estimation of purchase money and compensation) shall apply to the compulsory acquisition of such a right as if for the words from “value” to “undertaking” there were substituted the words “extent (if any) to which the value of the land in or over which the right is to be acquired is depreciated by the acquisition of the right”.

• (3) Paragraph 4 of Schedule 2 to the said Act of 1947 (protection for vendor against severance of house, garden, etc.) shall apply to the compulsory acquisition of such a right as if at the end there were added the following sub-paragraph—

(2) In considering the extent of any material detriment to a house, building or manufactory or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired in or over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.

• (4) Nothing in this section shall affect the operation of any enactment which makes specific provision to the like effect as the provisions of this section.

Part V — Planning Blight

Extension of classes of blighted land

Land affected by proposed structure and local plans etc.

64

Land affected by proposed highway orders

65

Land affected by proposed compulsory purchase orders

66

Land affected by resolution of planning authority or directions of Secretary of State

67

Land affected by orders relating to new towns

68

Land affected by housing treatment resolution

69

Land affected by proposed exercise of powers under section 20

70

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

Land affected by compulsory purchase orders providing for acquisition of rights in or over land

71

Attempts to sell blighted property.

Amended requirements about attempts to sell blighted property

72

Blight notices by personal representatives

Power of personal representative to serve blight notice

73

Blight notices in respect of agricultural units

Blight notice requiring purchase of whole agricultural unit

74

Objection to blight notice requiring purchase of whole agricultural unit

75

Effect of blight notice requiring purchase of whole agricultural unit

76

Supplementary

Supplementary provisions for Part V

77

Part VI — Supplementary Provisions

Application to Crown

78

• (1) Part I of this Act does not apply to any aerodrome in the occupation of a government department but, subject to that, references in that Part and in Part II of this Act to public works and responsible authorities include references to any works or authority which, apart from any Crown exemption, would be public works or a responsible authority.

• (2) Parts III and IV of this Act apply in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments being authorities possessing compulsory purchase powers, as they apply in relation to the acquisition of interests in land by such authorities who are not government departments.

Financial provisions

79

There shall be paid out of moneys provided by Parliament—

• (a) any expenses incurred under this Act by any government department;

• (b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

General interpretation

80

• (1) In this Act—

• “agriculture”, “agricultural” and “agricultural land” have the meaning given in section 86 of the Agriculture (Scotland) Act 1948, and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;

• “agricultural holding” means the land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11), or the land comprised in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); and “landlord” and “tenant”, in relation to an agricultural holding, have the same meaning as in section 85 of the Agricultural Holdings (Scotland) Act 1991 or (as the case may be) section 93 of the Agricultural Holdings (Scotland) Act 2003;

• “agricultural unit” has the meaning given in section 122 of the Town and Country Planning (Scotland) Act 1997;

• “acquiring authority”, and “authority possessing compulsory purchase powers” have the same meaning as in the Land Compensation (Scotland) Act 1963;

• “aerodrome” has the same meaning as in the Civil Aviation Act 1982;

• “carriageway” has the same meaning as in the Roads (Scotland) Act 1984

• “cottar” has the same meaning as in section 28(4) of the Crofters (Scotland) Act 1955;

• “croft”, “crofter” and “landlord”, in relation to a croft, have the same meanings respectively as in the Crofters (Scotland) Act 1955;

• “disabled person” means —

• (a) a person in need under section 12 of the Social Work (Scotland) Act 1968 as read with section 1 of the Chronically Sick and Disabled Persons (Scotland) Act 1972;and

• (b) a child in need within the meaning of section 93(4)(a)(iii) of the Children (Scotland) Act 1995;

• “dwelling” means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied as a private house, and (except in section 27) includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

• “heritable security” means any security capable of being constituted over any interest in land by a disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines;

• “holding”, in relation to a landholder and a statutory small tenant, has the same meaning as in section 2(1) of the Small Landholders (Scotland) Act 1911 and “landlord”, in relation to such a holding, has the same meaning as in the Agricultural Holdings (Scotland) Act 1949;

• “housing association” has the meaning assigned to it by the Housing Associations Act 1985;

• “landholder” has the same meaning as in section 2(2) of the Small Landholders (Scotland) Act 1911;

• “Lands Tribunal” means the Lands Tribunal for Scotland;

• “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984

• “notice of intention to resume land”, in relation to a short limited duration tenancy or a limited duration tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) means notice under section 17(2) of that Act;

• “notice to quit”, in relation to a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11), means a notice to quit within the meaning of the Agricultural Holdings (Scotland) Act 1991;

• “owner” has the same meaning as in section 45(1) of the Land Compensation (Scotland) Act 1963;

• “registered”, in relation to a housing association, means registered under the Housing Associations Act 1985;

• “road” has the same meaning as in the Roads (Scotland) Act 1984;

• “roads authority” has the same meaning as in the Roads (Scotland) Act 1984;

• “statutory small tenant” has the same meaning as in section 32(1) of the Small Landholders (Scotland) Act 1911.

• (1A) Any reference in this Act to an “interest” in land shall be construed as a reference to a right in land and as including a reference to ownership of land.

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

• (3) Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references to that enactment as extended or applied, by any other enactment, including this Act.

Repeal of Land Compensation Act 1973 in relation to Scotland and reprinting of Act as it applies to England and Wales

81

• (1) The Land Compensation Act 1973 (except section 86 and Schedule 3) shall cease to apply to Scotland . . .

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

Savings and transitional

82

• (1) Notwithstanding the repeal of the Land Compensation Act 1973, in so far as anything done under that Act could have been done under a corresponding provision in this Act, it shall have effect as if done under that provision.

• (2) Notwithstanding the repeal of the said Act, section 3 of that Act (claims) shall have effect in relation to offences committed thereunder before the passing of this Act.

• (3) The inclusion in this section of any express savings shall not be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).

• (4) Section 44 above does not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 23rd May 1973, and the other provisions of Part IV of this Act relating to the assessment of compensation do not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 17th October 1972.

Short title and extent

83

• (1) This Act may be cited as the Land Compensation (Scotland) Act 1973.

• (2) This Act, except section 81 and Schedule 2, extends to Scotland only.

SCHEDULE 1

Part I

Modification of section 56

Section 56 above shall apply to a statutory small tenant subject to the following modifications—

Part II

Section 56 as modified, in its application to statutory small tenants

SCHEDULE 2

PART I — REPEALS

PART II — AMENDMENTS

Interests qualifying for compensation.

18A

• (1) The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—

• (a) is not a building;

• (b) is occupied by a person as his only or main residence; and

• (c) is affected or likely to be affected by noise caused by the construction or use of public works.

• (2) Regulations under this section may—

• (a) make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;

• (b) specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and

• (c) make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.

• (3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Subsections (3), (6) and (11) of section 18 above apply for the purposes of this section as they apply for the purposes of that.

20

27A

• (1) This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 27 above applies, the other spouse (“B”) acquires occupancy rights (within the meaning of the Matrimonial Homes (Family Protection) (Scotland) Act 1981).

• (2) So long as—

• (a) those occupancy rights continue;

• (b) B is in occupation of the dwelling and A is not; and

• (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 28 below).

• (3) References in this section to a dwelling include a reference to a substantial part of it.

Amount of farm loss payment.

Duty to rehouse residential occupiers.

48A

• (1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under paragraph 3(1) of the second Schedule to the Acquisition of Land (Authorisation Procedures) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the Lands Clauses Consolidation (Scotland) Act 1845.

• (2) If the authority make a payment under section 48(1) above to any person on account of the compensation—

• (a) they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 48(1) above was calculated; and

• (b) the difference between the amount of the payment under section 48(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section.

• (3) If the authority make a payment under section 48(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—

• (a) the amount by reference to which the payment under section 48(4A) above was calculated; less

• (b) the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated.

• (4) Where the authority make a payment under section 48(4A) above on account of the compensation, the difference between—

• (a) the amount of the payment; and

• (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

• (5) If, on an anniversary of the date on which the authority made a payment to any person under section 48(1) above on account of the compensation—

• (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

• (b) the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

• (6) The acquiring authority shall, on paying the compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

• (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

• (a) the making of the payment under section 48(1) or, as the case may be, 48(4A) above; or

• (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

• (8) For the purposes of this section—

• (a) interest accrues at the rate prescribed under section 40 of the Land Compensation (Scotland) Act 1963 or, in the case of a bond under section 84 of the Lands Clauses Consolidation (Scotland) Act 1845, at the rate specified in that section; and

• (b) the amount by reference to which a payment under section 48(1) or (4A) was calculated is the amount referred to in section 48(3)(a) or (b) for the purposes of that calculation.

• (9) Where any payment has been made under section 48(1) above on account of any compensation, the acquiring authority is not required to pay interest under paragraph 3(1) of the second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the Lands Clauses Consolidation (Scotland) Act 1845.

• (10) Where the amount, or aggregate amount, of any payment under section 48 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

• (11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

• (12) The Secretary of State may by order increase the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Effect of counter-notice under section 49.

Resumption of holding of statutory small tenant: right to opt for notice of entry compensation.

In section 23(1)(d) after “1959” there shall be inserted the word “ or ”.

In section 29(7)(a) and (c) after “1957” there shall be inserted the word “ or ”.

In section 37(2) after “1957” where it occurs for the second time there shall be inserted the word “ or ”.

In section 87(1), in the definition of “agricultural holding”, for the words “these Acts respectively” there shall be substituted the words “ that Act ”.

In section 89(4) there shall be added at the end the words “ and, except section 86 and Schedule 3, does not extend to Scotland ”.

Editorial notes