Space Industry Act 2018 (c. 5)

SCHEDULES

SCHEDULE 8 Powers in relation to land: compensation

Part 3 General

Disputes

8 Where any dispute arises—

(a) as to whether compensation is payable under this Schedule,

(b) as to the amount of compensation payable, or

(c) as to the persons to whom compensation is payable,

the dispute is to be referred to and determined by the appropriate tribunal.

Statutory undertakers

9 A statutory undertaker is not entitled to recover compensation under this Schedule in a case in which compensation is recoverable by the undertaker under Schedule 9.

Interpretation

10 In this Schedule—

• “the appropriate tribunal”—

  (a)

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

  (b)

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

  (c)

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

• “the land compensation provisions”—

  (a)

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

  (b)

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

  (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.