http://www.legislation.gov.uk/ukpga/1973/56/section/2Land Compensation (Scotland) Act 1973An Act to re-enact in the form in which they apply to Scotland the provisions of the Land Compensation Act 1973.1981-06-01texttext/xmlenStatute Law Database2024-05-17Expert Participation2017-12-28 Part I21An interest qualifies for compensation under this Part of this Act if it was acquired by the claimant before the relevant date in relation to the claim and the requirements of subsection (2) or, as the case may be, subsection (3) below are satisfied on the date on which notice of the claim for compensation in respect of that interest is served.2If and so far as the interest is in land which is a dwelling, the said requirements are—athat the interest is an owner’s interest; andbwhere the interest carries the right to occupy the land, that the land is occupied by the claimant in right of that interest as his residence.3If and so far as the interest is not in such land as aforesaid, the said requirements are—athat the interest is that of an owner-occupier; andbthat the land is or forms part of either—ia hereditament the annual value of which does not exceed the prescribed amount; oriian agricultural unit.4In this section “owner’s interest”, in relation to any land, includes the interest of—athe lessee under a lease thereof, being a lease the unexpired period of which on the date of service of the notice of claim in respect thereof is not less than three years; andba crofter, a landholder, a statutory small tenant and a cottar in the land.5In this section “owner-occupier”, in relation to land in a hereditament, means a person who occupies the whole or a substantial part of the land in right of an owner’s interest therein and, in relation to land in an agricultural unit, means a person who occupies the whole of that unit and is entitled while so occupying it, to an owner’s interest in the whole or any part of that land.6In this section “the prescribed amount” means the amount for the time being prescribed for the purposes of section 100(3)(a) of the Town and Country Planning (Scotland) Act 1997 (interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in section 122 of that Act taking references to the date of service of a notice under section 101 of that Act as references to the date on which notice of the claim is served.7This section has effect subject to sections 10(3) and 11 below.Words in s. 2(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 21(1)Pt. I amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 236, 241(8), (8), Sch. 12 para. 20(c) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)