Land Compensation (Scotland) Act 1973

PART ICompensation for Depreciation Caused by use of Public Works

1Right to compensation

2Interests qualifying for compensation

4Assessment of compensation: general provisions

5Assessment of compensation: assumptions as to planning permission

6Reduction of compensation where land is benefited

7Exclusion of minimal compensation

8Other restrictions on compensation

9Alterations to public works and changes of use

10Restricted interests in land

11Interests acquired by inheritance

12Special provisions for claims arising before 23rd June 1973

13Information for ascertaining relevant date

15Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunity

16Interest on compensation

17Interpretation of Part I

PART IIMitigation of Injurious Effect of Public Works

Insulation against noise

18Sound-proofing of buildings affected by public works

19Sound-proofing of buildings affected by aerodromes

Powers of highway authorities

20Acquisition of land in connection with highways

21Execution of works in connection with highways

22Agreements as to use of land near highways

23Advances for exercise of powers by highway authorities

Powers of authorities responsible for other public works

24Acquisition of land in connection with public works

25Execution of works etc. in connection with public works

Expenses of persons moving temporarily during construction works etc.

26Power to pay expenses of persons moving temporarily during construction works etc.

PART IIIProvisions for Benefit of Persons Displaced From Land

Home loss payments

27Right to home loss payment where person displaced from dwelling

28Amount of home loss payment

29Supplementary provisions about home loss payments

30Home loss payments for certain caravan dwellers

Farm loss payments

31Right to farm loss payment where person displaced from agricultural unit

32Amount of farm loss payment

33Supplementary provisions about farm loss payments

Disturbance payments

34Disturbance payments for persons without compensatable interests

35Amount of disturbance payment

36Duty to rehouse residential occupiers

37Duty to rehouse certain caravan dwellers

38Power of relevant authority to make advances repayable on maturity to displaced residential owner-occupiers

39Duty of displacing authority to indemnify rehousing or lending authority for net losses

40Power of relevant authority to defray expenses in connection with acquisition of new dwellings

PART IVCompulsory Purchase

Assessment of compensation

41Compensation for injurious affection

42Compensation for acquisition of dwelling specially adapted for disabled person

43Compensation for disturbance where business carried on by person over sixty

44Compensation in respect of agricultural holdings

45Compensation in respect of crofts, etc.

46Compensation where occupier is rehoused

47Compensation where land is in area designated as site of new town for purpose of public development

Advance payment of compensation

48Right to advance payment of compensation

Severance of land

49Notice to treat in respect of part of agricultural land

50Effect of counter-notice under section 49

51Notice of entry in respect of part of agricultural holding

52Effect of counter-notice under section 51

53Other procedures for taking possession of part of agricultural holding

54Determination of material detriment where part of house etc. proposed for compulsory acquisition

55Notice to quit agricultural holding: right to opt for notice of entry compensation

56Requirement to surrender croft, etc.: right to opt for notice of entry compensation

57Notice to quit part of agricultural holding: right to claim notice of entry compensation for remainder of holding

58Requirement to surrender part of croft, etc.: right to claim notice of entry compensation for remainder

59Interest on compensation for injurious affection where no land taken

60Extension of grounds for challenging validity of compulsory purchase order

61Construction of section 6 of Railways Clauses Consolidation (Scotland) Act 1845

62Amendment of section 35 of Roads (Scotland) Act 1970

63Provisions relating to acquisition of new rights

PART VPlanning Blight

Extension of classes of blighted land

64Land affected by proposed structure and local plans etc.

65Land affected by proposed highway orders

66Land affected by proposed compulsory purchase orders

67Land affected by resolution of planning authority or directions of Secretary of State

68Land affected by orders relating to new towns

69Land affected by housing treatment resolution

70Land affected by proposed exercise of powers under section 20

71Land affected by compulsory purchase orders providing for acquisition of rights in or over land

Attempts to sell blighted property

72Amended requirements about attempts to sell blighted property

Blight notices by personal representatives

73Power of personal representative to serve blight notice

Blight notices in respect of agricultural units

74Blight notice requiring purchase of whole agricultural unit

75Objection to blight notice requiring purchase of whole agricultural unit

76Effect of blight notice requiring purchase of whole agricultural unit

77Supplementary provisions for Part V

PART VISupplementary Provisions

78Application to Crown

79Financial provisions

80General interpretation

81Repeal of Land Compensation Act 1973 in relation to Scotland and reprinting of Act as it applies to England and Wales

82Savings and transitional

83Short title and extent

SCHEDULE 1Application of Section 56 to Statutory Small Tenants

Modification of section 56

Section 56 as modified, in its application to statutory small tenants

SCHEDULE 2Consequential Repeals and Amendments in Land Compensation Act 1973

PART IIAmendments

Land Compensation (Scotland) Act 1973

1973 Chapter 56

An Act to re-enact in the form in which they apply to Scotland the provisions of the Land Compensation Act 1973.

[25th July 1973]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—