New Rights: specific adaptions of Lands Clauses Consolidation (Scotland) Act 1845E+W+S
24E+W+SFor section 61 of the M1Lands Clauses Consolidation (Scotland) Act 1845 (estimation of compensation) there shall be substituted the following section—
“61In estimating the purchase money or compensation to be paid by the promoters of the undertaking in the Special Act, in any of the cases aforesaid, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the Special Act.”
Marginal Citations
25E+W+SThe following provisions of that Act (being provisions stating the effect of a notarial instrument or of a disposition executed in various circumstances where there is no conveyance by persons with interests in the land)—
section 74 (failure by owner to convey);
section 76 (refusal to convey or show title or owner cannot be found);
section 98 (vesting of common land),
shall be so modified as to secure that, as against persons with interests in the land over which the right is to be compulsorily acquired such right is vested absolutely in the promoters of the undertaking.
26E+W+SParagraph 11 above shall have effect in relation to that Act with the substitution of a reference to sections 114 and 115 thereof for the reference to section 20 of the M2Compulsory Purchase Act 1965.
Marginal Citations
27E+W+SParagraph 12 above shall have effect in relation to that Act with the substitution of a reference to sections 117 and 118 thereof for any reference to section 22 of the said Act of 1965.