Explanatory Note
(This note is not part of the Order)
Part I of Schedule 18 to the Planning and Compensation Act 1991 specifies or describes the date from which interest is payable on compensation arising under the statutory provisions mentioned, which do not themselves provide for the payment of interest.
Article 2 of this Order amends that Part of that Schedule by adding provisions relating to the payment of compensation under section 46B of the Control of Pollution Act 1974 (“the 1974 Act”).
Compensation is payable under that section where a person has granted, or joined in granting, rights to enable the person on whom a works notice is served to carry out such anti-pollution works or operations as are specified in the notice. The amount of the compensation is assessed in accordance with the Anti-Pollution Works (Scotland) Regulations 2003.
The rate of interest payable in respect of compensation under section 46B of the 1974 Act is that prescribed under section 40 (rate of interest after entry on land) of the Land Compensation (Scotland) Act 1963.
This Order extends to Scotland only.