(1)The provisions of sections 183(2)(c), 184(5), 185(3) and 188(3) and (4) of this Act relating to hereditaments shall not affect the right of a claimant under section 90 of the M1Lands Clauses Consolidation (Scotland) Act 1845 to sell the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase.
(2)The said provisions shall not affect the right of a claimant under paragraph 4 of Schedule 2 to the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase; and accordingly in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in section 183(2)(c) of this Act the Tribunal shall consider (in addition to the other matters which they are required to consider) whether—
(a)in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory; or
(b)in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.
Modifications etc. (not altering text)
C2S. 191 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 73(1), 77(5); amended by Land Compensation (Scotland) Act 1973 (c. 56), s. 77(4)
C3S. 191(2) amended by Land Compensation (Scotland) Act 1973 (c. 56), s. 54(1)
Marginal Citations