Town and Country Planning (Scotland) Act 1954

Parts I—V S

1—48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Textual Amendments

F1 Ss. 1–54, 56–68, 70, Schs. 1–9 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

Part VI S Miscellaneous and Supplementary Provisions

49—54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 S

Textual Amendments

F2 Ss. 1–54, 56–68, 70, Schs. 1–9 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

55 Compensation for damage to requisitioned land. S

(1) Subject to the provisions of this section, any compensation accruing due in respect of any land after the commencement of this Act by virtue of paragraph (b) of subsection (1) of section two of the M1 Compensation (Defence) Act, 1939 (which relates to compensation payable in respect of damage occurring to requisitioned land during the period of requisition) shall not exceed the amount (if any) by which the value mentioned in paragraph (a) of the next following subsection falls short of the [F3 value] mentioned in paragraph (b) of that subsection.

(2) The said [F3 values] are—

(a) the value, at the time when the compensation accrues due, of thedominium utilein the land in question, subject to any feu-duty, any ground annual and any servitude or other restriction, affecting the land at that time but otherwise free from burdens, and

[F4 (b) the value which such dominium utile (subject as mentioned in the preceding paragraph but otherwise free from burdens) would have at that time if the land were then in the state in which it was when possession thereof was taken in the exercise of emergency powers.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4) Subsection (3) of section ten of the said Act of 1948 (which makes provision as to the matters to be taken into account in calculating the compulsory purchase price of the land in its existing state) shall apply for the purposes of this section, with the substitution, for references to the compulsory purchase price of land, of references to the value of such an interest as is mentioned in paragraph (a) of subsection (2) of this section; and subsection (4) of that section (which provides for increased compensation in certain cases above the limit imposed by sub-section (1) of that section) shall apply for the purposes of this section, with the substitution, for the reference to subsection (1) of that section, of a reference to subsection (1) of this section.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F3 Word substituted with saving by Town and Country Planning (Scotland) Act 1959 (c. 70), ss. 44(1), 55(3), Sch. 7

F4 S. 55(2)(b) substituted with saving by Town and Country Planning (Scotland) Act 1959 (c. 70), ss. 44(1), 55(3), Sch. 7

F5 S. 55(3) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. IX

F6 S. 55(5) repealed with saving by Town and Country Planning (Scotland) Act 1959 (c. 70), s. 55(3), Sch. 8

Modifications etc. (not altering text)

C1 “the Act of 1948” means Requisitioned Land and War Works Act 1948 (c. 17)

Marginal Citations

M1 1939 c. 75.

56—68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 S

Textual Amendments

F7 Ss. 1–54, 56–68, 70, Schs. 1–9 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

69 Interpretation. S

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(6)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(9) Any reference in this Act to thedominium utilein relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F8 Ss. 69(1)–(4)(6)–(8), 71(2) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F9 Ss. 69(5)(10), 71(3) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XII

Modifications etc. (not altering text)

C2 S. 69(9) applied by Town and Country Planning (Scotland) Act 1959 (c. 70), s. 54(4)

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 S

Textual Amendments

F10 Ss. 1–54, 56–68, 70, Schs. 1–9 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

71 Short title, citation, commencement and extent. S

(1) This Act may be cited as the Town and Country Planning (Scotland) Act, 1954, and the M2 Town and Country Planning (Scotland) Acts, 1947 M3 and 1951, the M4 Town and Country Planning Act, 1953, in its application to Scotland, and this Act, may be cited together as the Town and Country Planning (Scotland) Acts, 1947 to 1954.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(4) This Act shall extend to Scotland only.

Textual Amendments

F11 Ss. 69(1)–(4)(6)–(8), 71(2) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F12 Ss. 69(5)(10), 71(3) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XII

Marginal Citations

M2 1947 c. 53.

M3 1951 c. 19.

M4 1953 c. 16.