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Land Compensation (Scotland) Act 1973

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47 Compensation where land is in area designated as site of new town for purpose of public development. S

(1)Where the Secretary of State proposes to make an order under section 1 of the M1New Towns (Scotland) Act 1968 designating any area as—

(a)the site of new town; or

(b)an extension of the site of a new town,

and the purpose or main purpose, or one of the main purposes, for which the order is proposed to be made is the provision of housing or other facilities required in connection with or in consequence of the carrying out of any public development, he may, before making the order, give a direction specifying that development for the purposes of this section in relation to that area.

(2)Where the area mentioned in paragraph 3 or 3A in the first column of Schedule 1 to the M2Land Compensation (Scotland) Act 1963 (cases where land acquired forms part of site of new town or extension of site of new town) is an area to which a direction under this section relates, then, in the circumstances described in that paragraph—

(a)the increase or diminution in value to be left out of account by virtue of section 13 of that Act (compensation to be assessed without regard to development attributable to designation of new town) or any rule of law relating to the assessment of compensation in respect of compulsory acquisition; and

(b)the increase in value to be taken into account by virtue of section 14 of that Act (reduction of compensation where other land benefited by such development),

shall respectively include any increase or diminution in value, and any increase in value, which is attributable to the carrying out or the prospect of the public development specified in the direction.

(3)No direction shall be given under this section in relation to any area until the Secretary of State has prepared a draft of the order under section 1 of the said Act of 1968 in respect of that area and has published the notice required by paragraph 2 of Schedule 1 to that Act.

(4)Any direction under this section shall be given by order; and any order containing such a direction may be varied or revoked by a subsequent order.

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

(6)In this section “public development” means development (whether or not in the area designated under section 1 of the said Act of 1968) in the exercise of statutory powers by—

(a)a government department;

(b)any statutory undertakers within the meaning of [F1the Town and Country Planning (Scotland) Act 1997] or any body deemed by virtue of any enactment to be statutory undertakers for the purposes of, or of any provision of, that Act; or

(c)without prejudice to paragraph (b) above, any body having power to borrow money with the consent of a Minister,

and includes such development which has already been carried out when the direction in respect of it is given as well as such development which is then proposed.

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F1Words in s. 47(6)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 21(7)

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