Town and Country Planning (Scotland) Act 1954

62 Consideration in respect of discharge of acquired land from feu-duty, ground annual, and c

(1) Where a public authority possessing compulsory purchase powers has compulsorily acquired or has purchased, in pursuance of a notice to treat served, or, as the case may be, a contract made, after the commencement of this Act, the dominium utile in any land, and it is necessary to determine under section one hundred and eight of the Lands Clauses Consolidation (Scotland) Act, 1845, the amount of any consideration payable in respect of the discharge of the land from any feu-duty, or ground annual or other annual or recurring payment or incumbrance, to which that section applies (not being stipend or standard charge in lieu of stipend), or from any portion thereof, the following provisions of this section shall have effect for the purpose of such determination.

Any reference in this section to a " relevant prestation " is a reference to any such feu-duty or ground annual or other annual or recurring payment or incumbrance (or any portion thereof) relating to the land as is mentioned in this subsection.

(2) The aggregate amount of the consideration payable as aforesaid in respect of all relevant prestations (in this section referred to as the " aggregate consideration ") shall be an amount equal to the difference between—

(a) the amount of the compensation payable in respect of the acquisition of the dominium utile in the land, and

(b) the amount of the compensation which would have been so payable if the land had not been subject to any relevant prestation.

(3) Where the dominium utile has been acquired by agreement it shall be assumed for the purpose of estimating the amounts referred to in paragraphs (a) and (b) of the last preceding subsection that it was acquired compulsorily in pursuance of a notice to treat served on the date of the making of the contract.

(4) If the land is subject to only one relevant prestation the amount of the consideration in respect of the discharge of the land from that prestation shall be equal to the aggregate consideration.

(5) If the land is subject to two or more relevant prestations the market value of each such prestation immediately before the service of the notice to treat or, as the case may be, the making of the contract, shall be estimated and the aggregate consideration shall be attributed to the discharge of the land from the relevant prestations in order of priority, so however that so much thereof as is attributed to the discharge of the land from any prestation shall (without prejudice to the next following subsection) not exceed the value, estimated as aforesaid, of that prestation.

(6) If, after giving effect to the provisions of the last preceding subsection, in any case to which they apply, there remains an unattributed balance of the aggregate consideration, the amounts attributed in accordance with those provisions shall be increased proportionately so as to extinguish the balance.

(7) Subject to the next following subsection references in this section to the compensation payable in respect of the acquisition of the dominium utile in any land shall be construed as references to such compensation exclusive of any compensation for disturbance or for severance or injurious affection.

(8) In relation to the acquisition of the dominium utile in any land to which Rule (5) set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, applied, references in this section to the compensation payable in respect of the acquisition shall be construed as references to the compensation (exclusive of any compensation for disturbance or for severance or injurious affection) which would have been so payable if the dominium utile in question had been an interest to which subsection (4) of section eighty-two of the principal Act (which relates to land held for charitable purposes) applied.