# The Allotments (Compensation) (Scotland) Regulations 2017, Regulation 4: Authority’s decision


(1) For the purposes of paragraph (2) the relevant date is the day after the day on which—
(a) the period mentioned in regulation 3(1) expires; or
(b) where regulation 3(3) applies, the period mentioned in regulation 3(4) expires.
(2) Within 28 days beginning with the relevant date the authority must—
(a) determine the matters mentioned in regulation 3(2)(a) and, if applicable, (b); and
(b) take the steps mentioned in paragraph (5), (6) or (7), as applicable.
(3) The determination by the authority under paragraph (2)(a) must take account of—
(a) the information and evidence included in or accompanying the regulation 2(1) notice of claim;
(b) any information and evidence given to the authority under regulation 3(4);
(c) where the lease makes provision about the procedure to be followed in assessing the amount of compensation for which the authority is liable, that procedure; and
(d) the minimum amount of compensation payable under section 133(3) of the Act.
(4) Where the authority has given notice under regulation 3(3) and it has not received the information or evidence stated in that notice within the period mentioned in regulation 3(4), the authority must determine under paragraph (2)(a) that it is not liable to pay compensation under section 133(2) of the Act.
(5) If the authority determines that it is liable to pay compensation under section 133(2) of the Act of the amount stated in the regulation 2(1) notice of claim, it must—
(a) give written notice to the applicant accepting the claim; and
(b) pay the applicant the amount of compensation stated in the regulation 2(1) notice of claim within 30 days beginning with the date on which the written notice is given under sub-paragraph (a).
(6) If the authority determines that it is liable to pay compensation under section 133(2) of the Act of a lesser amount than that stated in the regulation 2(1) notice of claim, it must—
(a) give written notice to the applicant stating—
(i) the amount of compensation which the authority is liable to pay under section 133(2) of the Act; and
(ii) the reasons for its determination; and
(b) pay the applicant the amount of compensation stated in the written notice given under sub-paragraph (a) within 30 days beginning with the date on which the written notice is given.
(7) If the authority determines that it is not liable to pay compensation under section 133(2) of the Act, it must give written notice to the applicant—
(a) refusing the claim; and
(b) stating the reasons for its decision.
(8) A notice under paragraph (6) or (7) must contain particulars of the applicant’s right to appeal a decision of the authority under section 133(7) of the Act.
(9) The amount of compensation stated in the notice given under paragraph (5) or (6) is recoverable as a civil debt.

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Source: https://www.legislation.gov.uk/ssi/2017/457/regulation/4 (the official version)
Page: https://openlegislation.uk/allotments-compensation-scotland-regulations-2017/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.