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25(1)The Land Compensation (Scotland) Act 1963 shall be amended in accordance with this paragraph.
(2)In section 10 (consolidation of proceedings on claims in respect of several interests in the same land), for the words “acquisition of the several interests” substitute “acquisition of several interests”.
(3)In section 20 (consideration in respect of discharge of feu-duty etc.)—
(a)in subsection (1), the words “the dominium utile in”, in both places where they occur, shall cease to have effect;
(b)in subsection (2), the words “feu-duty, or ground annual or other” and “(not being stipend or standard charge in lieu of stipend)” shall cease to have effect;
(c)in subsection (3), for the words “dominium utile” substitute “land”;
(d)in subsection (7), the words “dominium utile in any” shall cease to have effect; and
(e)in subsection (8), the words “the dominium utile in” shall cease to have effect.
(4)In section 27(3) (application for certificate of alternative development), the words “and that interest is the dominium utile of the land,”, “feu-duty or ground annual or other” and “(not being stipend or standard charge in lieu of stipend)” shall cease to have effect.
(5)In section 28 (provisions as respect certain regulations under section 275(1)(c) of the Town and Country Planning (Scotland) Act 1997)—
(a)in paragraph (e), the words “the dominium utile of” and, in both places where they occur, “feu-duty or”; and
(b)in paragraph (f), the words “the dominium utile of”,
shall cease to have effect.
(6)In section 32(6)(b) (provision for notification to planning authority in certain circumstances), for the words “dominium utile” substitute “ownership”.
(7)In section 45 (interpretation)—
(a)after subsection (1) insert—
“(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.”; and
(b)subsections (8) and (9) shall cease to have effect.
(8)In Schedule 2 (acquisition of houses which do not meet the tolerable standard), in paragraph 2(2), the words “the superior of, and” shall cease to have effect.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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