Forth Crossing Act 2011

54 Compensation: entering and using land temporarily

(1) A person with an interest in land is entitled to compensation from Ministers for any loss, or any disturbance in that person’s enjoyment of such land, arising as a result of—

(a) Ministers entering land under section 37 or 38,

(b) Ministers taking action under section 41 in pursuance of such entry, or

(c) the operation of section 37(3) or 46 in relation to that land.

(2) Any dispute about—

(a) a person’s entitlement to compensation, or

(b) the amount of the compensation,

is to be determined by the Lands Tribunal.

(3) Such a dispute is, where temporary possession of land is taken under section 37, to be determined in accordance with the 1963 Act as if it were a question of disputed compensation for the compulsory acquisition of land (and sections 8, 9, 11 and 12 of the 1963 Act accordingly have effect in relation to such a dispute so far as applicable and subject to any necessary modifications).

(4) In assessing such compensation, account must be taken of—

(a) the fact that entry is taken for a temporary period only, and

(b) whether any action taken under section 41 will have a permanent or temporary effect.

(5) Any compensation payable under this section does not affect liability to pay compensation for loss arising from the Forth Crossing works under—

(a) section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (c.33) (as incorporated by section 21), or

(b) any other enactment,

but compensation is not payable for the same matter under this section and that other enactment.