{
  "url": "https://openlegislation.uk/anti-pollution-works-regulations-1999/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/anti-pollution-works-regulations-1999/schedule/paragraph-5.json",
  "legislation": "uksi/1999/1006",
  "legislation_title": "The Anti-Pollution Works Regulations 1999",
  "legislation_url": "https://openlegislation.uk/anti-pollution-works-regulations-1999",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Basis on which compensation assessed",
  "text": "(1) The rules set out in section 5 of the Land Compensation Act 1961 (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purpose of assessing any compensation under paragraph 4, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.\n(2) Where the relevant interest in respect of which any compensation is to be assessed is subject to a mortgage–\n(a) the compensation shall be assessed as if the interest were not subject to the mortgage;\n(b) no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and\n(c) any compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1961 c. 33."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2009/1307",
      "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2009/1307",
      "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009"
    },
    {
      "type": "omitted",
      "affecting": "uksi/2009/1307",
      "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009"
    },
    {
      "type": "word substituted",
      "affecting": "uksi/2009/1307",
      "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/1006/schedule/paragraph/5",
    "retrieved_at": "2026-10-29T10:52:11.533394+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}