SCHEDULES

SCHEDULE 8Powers in relation to land: compensation

Part 3General

Interpretation

I110

In this Schedule—

  • “the appropriate tribunal”—

    1. a

      in relation to England and Wales, means the Upper Tribunal;

    2. b

      in relation to Scotland, means the Lands Tribunal for Scotland;

    3. c

      in relation in Northern Ireland, means the Lands Tribunal for Northern Ireland;

  • “the land compensation provisions”—

    1. a

      in the case of land in England and Wales, means section 5 of the Land Compensation Act 1961;

    2. b

      in the case of land in Scotland, means section 12 of the Land Compensation (Scotland) Act 1963;

    3. c

      in the case of land in Northern Ireland, means the Land Compensation (Northern Ireland) Order 1982 (despite paragraph 4 of Schedule 1 to that Order, which confines the operation of the Order to matters that were within the legislative competence of the Parliament of the Northern Ireland);

  • mortgage” includes an equitable charge and any other encumbrance, and also includes a sub-mortgage;

  • “mortgagee” is to be read accordingly;

  • heritable security” means a heritable security within the meaning of the Conveyancing (Scotland) Act 1924, but inclusive of a security constituted by ex facie absolute disposition.