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Town and Country Planning (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

Part IIIAdjustment in Cases of Partial Transmission of Claim Holdings

11The provisions of this Part of this Schedule shall have effect where, by virtue of a transmission of part of the benefit of an established claim (in this Part of this Schedule referred to as " the relevant transmission "), different persons became entitled to different parts of the benefit of that established claim.

12As from the date of the relevant transmission, each of those different parts shall be treated as having constituted a separate claim holding.

13The area and value of any such separate claim holding at any time after the relevant transmission shall be taken to have been such as may, in the requisite manner, be or have been determined to be just and appropriate in all the circumstances.

14In paragraph 13 of this Schedule the reference to determination in the requisite manner of the area and value of a claim holding is a reference to the determination thereof on the occasion of an apportionment affecting that holding which fell or falls to be made for any of the purposes of the Act of 1954, of Part VII of this Act or of this Schedule, being a determination made—

(a)by the authority making that apportionment; or

(b)where, under the Act of 1954 or Part VII of this Act, that authority's findings were or are referred to the Lands Tribunal, by that Tribunal,

having regard in particular to the principles mentioned in paragraph 15 of this Schedule.

15(1)The said principles are those set out in the following provisions of this paragraph.

(2)The aggregate of the values of all claim holdings representing parts of the benefit of the same established claim must not exceed the amount of the established claim.

(3)Subject to sub-paragraph (2) of this paragraph, where a claim holding representing part only of the benefit of an established claim was assigned to the Central Land Board, otherwise than as mentioned in paragraph 2 of this Schedule, and by virtue of Part I of this Schedule the value of that claim holding is deemed to have been reduced by reference to an amount due by way of development charge, the value of that holding at the time of the assignation is not to be taken to have been less than the amount secured by the assignation.

(4)In the case of the claim holding representing the part of the benefit of an established claim which was the subject of the relevant transmission, if it was not a claim holding to which sub-paragraph (5) of this paragraph applies—

(a)the area of that claim holding is to be taken to be the claim area of that established claim, less the area of any claim holding to which the said sub-paragraph (5) applies which represents part of the benefit of the same established claim ; and

(b)the value of the claim holding immediately after the relevant transmission is, subject to sub-paragraphs (2) and (3) of this paragraph, to be taken to have been that part of the amount of the established claim to which the holder purported to become entitled under the terms of the relevant transmission.

(5)Where any person who was entitled to a claim holding representing part only of the benefit of an established claim—

(a)at any time while so entitled was also entitled to the interest in land to which the established claim related in so far as that interest subsisted in part only of the claim area ; and

(b)became entitled to both that holding and that interest in such circumstances that the authority making the apportionment in question or the Lands Tribunal, as the case may be, were or are satisfied that the holding and the interest were intended to relate to one another,

the area of that claim holding is to be taken to be that part of the claim area, and the value of the holding immediately after the relevant transmission (however that or any other transmission affecting the holding was expressed, but subject to sub-paragraphs (2) to (4) of this paragraph) is to be taken to have been an amount equal to so much of the amount of the established claim as might reasonably be expected to have been attributed to that part of the claim area if the authority determining the amount of that established claim had been required to apportion it, in accordance with the same principles as applied to its determination, between that part and the residue of the claim area.

16Paragraph 1 of this Schedule shall apply for the purposes of this Part of this Schedule as it applies for the purposes of Part I thereof.

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