Search Legislation

The Environmental Liability (Scotland) Regulations 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 16

SCHEDULE 4COMPENSATION

This schedule has no associated Executive Note

Interpretation

1.  In this Schedule—

the Act” means the Land Compensation (Scotland) Act 1963(1);

“the grantor” means the person who grants, or joins in granting, any rights under regulation 16, and

“relevant interest” means an interest in land in respect of which rights are granted in terms of regulation 16.

Period for making an application

2.  An application for compensation shall be made before the expiry of a period of 12 months beginning with the date of completion of the measures required to be carried out in respect of which compensation is claimed.

Manner of making an application

3.—(1) An application for compensation must be made in writing to the person to whom the right was granted.

(2) The application must contain—

(a)a copy of the grant of rights in respect of which the grantor is applying for compensation;

(b)a description of the exact nature of any interest in land in respect of which compensation is applied for; and

(c)a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of sub-paragraphs (a) to (c) of paragraph 4 and showing how the amount applied for under each sub-paragraph has been calculated.

Loss and damage for which compensation payable

4.  Compensation shall be payable for loss and damage of the following descriptions—

(a)any depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the right;

(b)any loss or damage sustained by the grantor which is attributable to the grant of the right or the exercise of it; and

(c)the amount of any valuation and legal costs reasonably incurred by the grantor in granting the right and in the preparation of the application for and the negotiation of the amount of compensation.

Basis on which compensation assessed

5.—(1) The rules set out in section 12 of the Act (rules for assessing compensation)(2) shall, so far as applicable and subject to any necessary modifications, have effect for the purpose of assessing any compensation as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(2) Where the relevant interest in respect of which any compensation is to be assessed is subject to a standard security (within the meaning of section 9 of the Conveyancing and Feudal Reform (Scotland) Act 1970(3))—

(a)the compensation must be assessed as if the interest were not subject to that security; and

(b)no compensation shall be payable in respect of the interest of the creditor (as distinct from the interest which is subject to the security).

Determination of disputes

6.  Any question of disputed compensation shall be referred to and determined by the Lands Tribunal for Scotland.

(2)

Section 12 has been amended by Schedules 17 and 19 to the Planning and Compensation Act 1991 (c.34).

(3)

1970 c.35. Section 9 has been amended by paragraph 30(6) of and Schedule 13 to the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) and by paragraph 4(2) of Schedule 14 to the Title Conditions (Scotland) Act 2003 (asp 9).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources