Town and Country Planning (Scotland) Act 1954

27 Determination of claims for compensation

(1) Provision shall be made by regulations under this section—

(a) for requiring claims for compensation under this Part of this Act to be determined by the Secretary of State in such manner as may be prescribed by the regulations ;

(b) for regulating the practice and procedure to be followed in connection with the determination of such claims;

(c) for requiring the Secretary of State, on determining any such claim, to give notice of his determination to the claimant and to every other person (if any) who has made, and not withdrawn, a claim for compensation under this Part of this Act in respect of the same planning decision, and, if his determination includes an apportionment, to give particulars of the apportionment to any other person entitled to an interest in land which it appears to the Secretary of State is substantially affected by the apportionment.

(2) Subject to the next following subsection, provision shall be made by regulations under this section—

(a) for enabling the claimant or any other person to whom notice of the Secretary of State's determination has been given in accordance with the preceding subsection, if he wishes to dispute the determination, and any other person to whom particulars of an apportionment included in that determination have been so given or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to refer the dispute to the Lands Tribunal;

(b) for enabling the claimant, and every other person such as is respectively specified in the preceding paragraph, to be heard by the Tribunal on any reference under this subsection; and

(c) for requiring the Tribunal, on any such reference, either to confirm or to vary the Secretary of State's determination, or, as the case may be, the apportionment, and to notify the parties of their decision.

(3) Where on a reference to the Lands Tribunal under this section it is shown that an apportionment relates wholly or partly to the same matters as a previous apportionment, and is consistent with that previous apportionment in so far as it relates to those matters, the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(4) Where compensation is determined (whether by the Secretary of State or by the Lands Tribunal on a reference to them) under this section to be payable, the Secretary of State shall pay the compensation to the person entitled thereto in accordance with the preceding provisions of this Part of this Act.