Town and Country Planning (Scotland) Act 1954

50 Provision of information as to unexpended balance, and c

(1) Subject to the provisions of this section, the Central Land Board shall, upon application therefor being made to them at any time by any person, and may at any time, if they think fit, without any application being made therefor, issue a certificate in the prescribed form with respect to any land stating whether or not any of that land has an original unexpended balance of established development value and, if it has such a balance—

(a) giving a general statement of what was taken by the Board for the purposes of Part V of the principal Act to be the state of that land on the first day of July, nineteen hundred and forty-eight; and

(b) specifying (subject to any outstanding claims under Part I or Part V of this Act) the amount of that original balance;

and any such certificate may, if the Board think fit, contain additional information with respect to acts or events in consequence of which, by virtue of any provision of this Act, a deduction falls to be made from that original balance in determining the unexpended balance, if any, of established development value of any of that land at any time thereafter.

(2) Where, after the commencement of this Act, a notice to treat has been served with a view to the compulsory acquisition of an interest in any land by any public authority possessing compulsory purchase powers, being such a department, authority, person or body of persons as is mentioned in subsection (1) of section thirty-one of this Act, that authority may apply to the Central Land Board for, and shall be entitled to the issue of, a certificate showing the unexpended balance of established development value, if any, of any of that land immediately before the service of that notice.

(3) Where the issue of a certificate under this section with respect to any land involves a new apportionment or, in the case of a certificate under the last preceding subsection, involves the calculation of a deduction from the original unexpended balance of established development value of the land by virtue of subsection (4) of section eighteen of this Act, then—

(a) except in the case of a certificate under the last preceding subsection or of a certificate which the Board propose to issue without any application being made therefor, the certificate shall not be issued otherwise than on the application of a person for the time being entitled to an interest in the land ;

(b) before issuing the certificate, the Board shall give notice in writing to any person entitled to an interest in land which it appears to the Board will be substantially affected by the apportionment, or calculation, giving particulars of the proposed apportionment or calculation and stating that objections or other representation with respect thereto may be made to the Board within thirty days from the date of the notice; and

(c) the certificate shall not be issued before the date of expiration of the said thirty days, and, if at that date an objection to the proposed apportionment or calculation has been made by any person to whom notice has been given under the last preceding paragraph, or by any other person who establishes that he is entitled to an interest in land which is substantially affected by the apportionment or calculation, and that objection has not been withdrawn, the next following subsection shall have effect.

(4) Where by virtue of paragraph (c) of the last preceding subsection this subsection is to have effect, then—

(a) if within a further period of thirty days the person by whom any such objection was made refers the dispute to the Lands Tribunal, the certificate shall not be issued until either the Tribunal has decided the matter or the reference to the Tribunal has been withdrawn ;

(b) the certificate may be issued before the expiration of the said further period if every such objection has been withdrawn; and

(c) the certificate shall be issued at the date of expiration of the said further period notwithstanding that every such objection has not been withdrawn, if no reference to the Lands Tribunal has by that date been made under paragraph (a) of this subsection.

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

(6) A certificate under subsection (2) of this section shall be conclusive evidence of the unexpended balance shown therein, and a certificate under subsection (1) of this section shall be sufficient proof of any facts stated therein unless the contrary is shown.

(7) An application for a certificate under this section shall be made in such form and manner as may be prescribed, and shall be accompanied by sufficient particulars, including a map if necessary, to enable the land to be identified and, where a new apportionment will be involved, particulars of the nature of the applicant's interest and such information as to the nature of any other interest in the land and as to the name and address of the person entitled to that other interest as may be known to the applicant.

(8) On any application under subsection (1) of this section, the applicant shall pay in the prescribed manner a fee of five shillings and, if the application involves a new apportionment, the certificate shall not be issued until the applicant has paid in the prescribed manner a further fee of fifteen shillings.

(9) In this section, the expression " new apportionment" means an apportionment which relates wholly or partly to any matters relating to which there has not been a previous apportionment.