Town and Country Planning (Scotland) Act 1954

43 Recovery, on subsequent development, of compensation under s. 20 of principal Act

(1) Subsections (1) to (9) of section thirty of this Act shall have effect with the necessary modifications in relation to the compensation for depreciation specified in a notice recorded under section forty-one of this Act, and to development of land to which the compensation for depreciation relates, as they have effect in relation to the compensation specified in a notice recorded under section twenty-nine of this Act and to development of land to which that compensation relates:

Provided that, in a case where the compensation to which this Part of this Act applies specified in such a notice became payable in respect of an order modifying planning permission, the said section thirty shall not apply to development in accordance with that permission as modified by the order.

(2) Subject to the next following subsection, any sum recovered by the Secretary of State under the said section thirty as applied by the preceding subsection shall be paid to the local planning authority who paid the compensation for depreciation to which that sum relates.

(3) In paying any such sum to the local planning authority, the Secretary of State shall deduct therefrom—

(a) the amount of any contribution paid by him under the last preceding section in respect of the compensation to which the sum relates ;

(b) the amount of any grant paid by him under Part VIII of the principal Act in respect of that compensation:

Provided that, if the sum recovered by the Secretary of State is an instalment of the total sum recoverable, or is recovered by reference to development of part of the land in respect of which the compensation was payable, any deduction to be made under paragraph (a) or paragraph (b) of this subsection shall be a deduction of such amount as the Secretary of State may determine to 'be the proper proportion of the amount referred to in that paragraph.