Town and Country Planning (Scotland) Act 1954

39 Assessment of compensation in certain cases

(1) In the case of any compulsory acquisition to which any of the following provisions of the Housing (Scotland) Act, 1950, that is to say—

(a) subsection (2) of section twelve ;

(b) subsection (4) of section seventeen ; and

(c) subsection (2) of section thirty-six,

(which relate respectively to the compensation to be paid on the compulsory acquisition of closed houses, of houses subject to notices relating to the execution of works, and of houses unfit for human habitation) applies, whether by virtue of the said Act of 1950 or by virtue of any other enactment, being a compulsory acquisition to which this Part of this Act applies, the compensation payable in respect of the land or house acquired may be less than, but shall not exceed, the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building regulations for the time being in force in the district; and accordingly the said provisions shall have effect, in relation to a compulsory acquisition to which this Part of this Act applies, as if the references therein to the compensation to be paid were references to the maximum compensation payable.

(2) In this section references to compensation are references to compensation payable in respect of the acquisition otherwise than by virtue of section thirty-two of this Act and exclusive of any compensation for disturbance or for severance or for injurious affection.