Land Compensation Act 1973 in Scotland

Where the value of an interest in land is depreciated by physical factors caused by the use of public works, then, if—

compensation for that depreciation shall, subject to the provisions of this Part of this Act, be payable by the responsible authority to the person making the claim (hereafter referred to as “the claimant”).

The physical factors mentioned in subsection (1) above are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the land in respect of which the claim is made of any solid or liquid substance.

The public works mentioned in subsection (1) above are—

The responsible authority mentioned in subsection (1) above is, in relation to a highway, the appropriate highway authority and, in relation to other public works, the person managing those works.

Physical factors caused by an aircraft arriving at or departing from an aerodrome shall be treated as caused by the use of the aerodrome whether or not the aircraft is within the boundaries of the aerodrome; but, save as aforesaid, the source of the physical factors must be situated on or in the public works the use of which is alleged to be their cause.

Compensation shall not be payable under this Part of this Act in respect of the physical factors caused by the use of any public works other than a highway unless immunity from actions for nuisance in respect of that use is conferred (whether expressly or by implication) by an enactment relating to those works or, in the case of an aerodrome and physical factors caused by aircraft, the aerodrome is one to which F2section 77(2) of the Civil Aviation Act 1982(immunity from actions for nuisance) for the time being applies.

Compensation shall not be payable under this Part of this Act in respect of physical factors caused by accidents involving vehicles on a highway or accidents involving aircraft.

Compensation shall not be payable under this Part of this Act on any claim unless the relevant date in relation to the claim falls on or after 17th October 1969.

Subject to section 9 below, “the relevant date” in this Part of this Act means—

An 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.

If and so far as the interest is in land which is a dwelling, the said requirements are—

If and so far as the interest is not in such land as aforesaid, the said requirements are—

In this section “owner’s interest” in relation to any land, means the legal fee simple therein or a tenancy thereof granted or extended for a term of years certain of which, on the date of service of the notice of claim in respect thereof, not less than three years remain unexpired.

In 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.

In this section “the prescribed amount” means the amount for the time being prescribed for the purposes of F1section 149(3)(a) of the Town and Country Planning Act 1990(interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in F2section 171 of that Act taking references to the date of service of a notice under F3section 150 of that Act as references to the date on which notice of the claim is served.

This section has effect subject to sections 10(4), 11 and 12 below.

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The compensations payable on any claim shall be assessed by reference to prices current on F1the first claim day.

In assessing depreciation due to the physical factors caused by the use of any public works, account shall be taken of the use of those works as it exists on the first claim day and of any intensification that may then be reasonably expected of the use of those works in the state in which they are on that date.

In assessing the extent of the depreciation there shall be taken into account the benefit of any relevant works—

and it shall be assumed that any relevant works which could be or could have been carried out, or in respect of which a grant could be or could have been paid, under any of the provisions mentioned in paragraph (a) above have been carried out but, in a case where the authority having functions under that provision have a discretion whether or not to carry out the works or pay the grant, only if they have undertaken to do so.

The value of the interest in respect of which the claim is made shall be assessed—

In assessing the value of the interest in respect of which the claim is made there shall be left out of account any part of that value which is attributable to—

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This section has effect where, whether before, on or after the commencement date—

If and so far as a claim in respect of the highway or other public works relates to depreciation that would not have been caused but for the alterations or change of use, this Part of this Act shall, subject to subsection (3) below, have effect in relation to the claim as if the relevant date (instead of being the date specified in section 1(9) above) were—

as the case may be.

Subsection (2) above shall not by virtue of any alterations to an aerodrome apply to a claim in respect of physical factors caused by aircraft unless the alterations are runway or apron alterations.

Where a claim relates to such depreciation as is mentioned in subsection (2) above the notice of claim shall specify, in addition to the matters mentioned in section 3 above, the alterations or change of use alleged to give rise to the depreciation; and if and so far as the claim relates to such depreciation—

For the purposes of this section the carriageway of a highway is altered if, and only if—

and the reference in subsection (2) above to depreciation that would not have been caused but for alterations to the carriageway of a highway is a reference to such depreciation by physical factors which are caused by the use of, and the source of which is situated on, the length of carriageway which has been altered as mentioned in paragraph (a) above or, as the case may be, the additional carriageway and the corresponding length of the existing one mentioned in paragraph (b) above.

In this section “runway or apron alterations” means—

For the avoidance of doubt it is hereby declared that references in this section to a change of use do not include references to the intensification of an existing use.

So much of section 2(1) above as requires an interest qualifying for compensation under this Part of this Act to have been acquired by the claimant before the relevant date shall not apply to any interest acquired by him by inheritance from a person who acquired that interest, or a greater interest out of which it is derived, before the relevant date.

For the purposes of this section an interest is acquired by a person by inheritance if it devolves on him by virtue only of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of another person or the successive deaths or two or more other persons.

For the purposes of subsection (2) above a person who acquires an interest by appropriation of it in or towards satisfaction of any legacy, share in residue or other share in the estate of a deceased person shall be treated as a person on whom the interest devolves by direct bequest.

Where an interest is settled land for the purposes of the M1Settled Land Act 1925 and on the death of a tenant for life within the meaning of that Act a person becomes entitled to the interest in accordance with the settlement, or by any appropriation by the personal representatives in respect of the settled land, subsection (2) above shall apply as if the interest had belonged to the tenant for life absolutely and the trusts of the settlement taking effect after his death had been trusts of his will.

Subsection (4) above shall apply, with any necessary modifications, where a person becomes entitled to an interest on the termination of a settlement as it would apply if he had become entitled in accordance with the terms of the settlement.

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This section has effect where a person is entitled under Part I of the M1Leasehold Reform Act 1967 to acquire the freehold or an extended lease of a house by virtue of any tenancy (“the qualifying tenancy”) and—

The qualifying tenancy shall be treated as an owner’s interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.

If no claim is made in respect of the qualifying tenancy before the claimant has ceased to be entitled to it by reason of his acquisition of the freehold or an extended lease he may make a claim in respect of the qualifying tenancy as if he were still entitled to it.

No claim shall be made by virtue of subsection (3) above after the claimant has ceased to be entitled to the freehold or extended lease but such a claim may be made before F1the first claim day if it is made before the claimant has disposed of the freehold or extended lease and after he has made a contract for disposing of it.

Compensation shall not be payable before the first claim day on any claim made by virtue of subsection (4) above.

Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (3) or (4) above, sufficient particulars to show that it falls within that subsection.

In relation to a claim made by virtue of subsection (3) above section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.

The responsible authority in relation to a highway or other public works shall keep a record and, on demand, furnish a statement in writing of—

A certificate by the Secretary of State stating that runway or apron alterations have or have not been carried out at an aerodrome and the date on which an aerodrome at which any such alterations have been carried out was first used after completion of the alterations shall be conclusive evidence of the facts stated.

In this section references to alterations to the carriageway of a highway, to runway or apron alterations and to a change of use shall be construed in the same way as in section 9 above; and subsection (1) above shall not apply unless the date in question falls on or after the commencement date.

compensation is not paid on the claim; and

an action for nuisance in respect of the matters which were the subject of the claim is subsequently brought by the claimant against the authority,

Compensation under this Part of this Act shall carry interest, at the rate for the time being prescribed under section 32 of the M1Land Compensation Act 1961, from—

until payment.

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The Secretary of State may make regulations imposing a duty or conferring a power on responsible authorities to insulate buildings against noise caused or expected to be caused by the construction or use of public works or to make grants in respect of the cost of such insulation.

Regulations under this section may—

Without prejudice to the generality of paragraph (a) of subsection (2) above, regulations made by virtue of that paragraph may provide for the relevant level of noise or the relevant area in a particular case to be determined by reference to a document published by or on behalf of the Secretary of State or by any other authority or body or in such other manner as may be provided in the regulations.

If regulations under this section impose a duty or confer a power to carry out, or make a grant in respect of the cost of, work in respect of a building which is subject to a tenancy on a claim in that behalf made by the landlord or the tenant, provision may also be made by the regulations for enabling the work to be carried out notwithstanding the withholding of consent by the other party to the tenancy.

Regulations under this section may authorise or require local authorities to act as agents for responsible authorities in dealing with claims and in discharging or exercising the duties or powers of responsible authorities under the regulations, and may provide for the making by responsible authorities of payments to local authorities in respect of anything done by them as such agents.

Regulations under this section may authorise the council of a London borough to contribute towards expenses incurred under the regulations by a responsible authority in respect of the insulation of buildings against noise caused or expected to be caused by the use of any highway in that borough in relation to which an order has been made under section 6 of the M1Road Traffic Regulation Act 1967 F1or section 6 of the Road Traffic Regulation Act 1984 (traffic regulation orders in Greater London).

Regulations under this section may contain such supplementary provisions as appear to the Secretary of State to be necessary or expedient and may make different provision with respect to different areas or different circumstances.

The power to make regulations under this section shall be exercisable by statutory instrument.

A draft of any regulations under this section shall be laid before Parliament and the first regulations shall not be made unless the draft has been approved by a resolution of each House of Parliament.

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In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include an aerodrome and except that “responsible authority”, in relation to a highway, includes any authority having power to make an order in respect of that highway under section 1 or 6 of the M2Road Traffic Regulation Act F41984(traffic regulation orders).

The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—

Regulations under this section may—

The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.

A responsible authority may carry out—

works for mitigating any adverse effect which the construction, alteration, existence or use of any public works has or will have on the surroundings of the works.

Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland.

A responsible authority may—

This section applies only where the responsible authority are a body incorporated by or under any enactment and has effect only for extending the corporate powers of any such authority.

In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include a highway F1

This section has effect where works are carried out—

and the carrying out of those works affects the enjoyment of a dwelling adjacent to the site on which they are being carried out to such an extent that continued occupation of the dwelling is not reasonably practicable.

Subject to subsection (3) below, the highway authority or responsible authority, as the case may be, may pay any reasonable expenses incurred by the occupier of the dwelling in providing suitable alternative residential accommodation for himself and members of his household for the whole or any part of the period during which the works are being carried out.

No payment shall be made to any person under this section in respect of any expenses except in pursuance of an agreement made between that person and the authority concerned before the expenses are incurred; and no payment shall be so made except in respect of the amount by which the expenses exceed those which that person would have incurred if the dwelling had continued to be occupied.

In this section “public works” and “responsible authority” have the same meaning as in section 1 above.

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This section applies to a person if—

This section also applies to a person if—

No payment may be made under section 29 to a person to whom this section applies.

These are the notices—

These are the orders—

For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—

In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.

The appropriate national authority may by regulations amend subsections (4) and (5).

In this section—

• “appropriate national authority” means—

  1. (a)

     the Secretary of State, in relation to England;

  2. (b)

     the Welsh Ministers, in relation to Wales;

• “special enactment” means—

  1. (a)

     a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

  2. (b)

     a provision which—

     1. (i)

        is contained in an Act other than a local or private Act, and

     2. (ii)

        authorises the compulsory acquisition of land specifically identified in that Act.

The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—

This section applies to a person if—

In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.

F3In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

But the maximum amount which may be paid to a person under F4subsection (2) in respect of an interest in land is £25,000.

A payment under this section must be made by the acquiring authority.

The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition F5(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).

If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.

If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.

In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table—

F7In the case of land in Wales, the land amount is the greater of £300 and the amount found in accordance with the following Table—

In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.

F9In the case of land in Wales the buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.

The gross floor space must be measured externally.

This section applies to a person if—

In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.

F3In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

But the maximum amount which may be paid to a person under F4subsection (2) in respect of an interest in land is £25,000.

A payment under this section must be made by the acquiring authority.

The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition F5(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).

If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.

If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.

In the case of land in England, the land amount is the greater of—

But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.

F7In the case of land in Wales, the land amount is the greater of—

But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300.

In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.

F9In the case of land in Wales, the buildings amount is £25 per square metre (or part of a square metre) of the gross F10internal floor space of any buildings on the land.

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This section applies for the purposes of sections 33A to 33C.

A claim for payment must be made in writing to the acquiring authority.

The claim must give such particulars as the authority may reasonably require for the purpose of deciding—

For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued—

This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person.

Any of the following may make a claim instead of the person mentioned in subsection (1)—

Insolvency proceedings are—

This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased).

A claim may be made by a person who—

The grounds are—

This section applies if—

The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily.

This section applies for the purposes of sections 33A to 33I.

The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit.

Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection applies to regulations under subsection (2) which substitute—

A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land.

Regulations under subsection (2) may make different provision for different purposes.

Section 39 above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as it has effect in relation to a person displaced from residential accommodation on any land but shall so have effect subject to the following modifications.

Subsection (1) of the said section 39 shall have effect—

Subsection (6) of the said section 39 shall have effect as if in the words preceding paragraph (a) for the words “unless he was residing in the accommodation in question” there were substituted the words “unless he was residing in a caravan on the caravan site in question”.

The said section 39 shall have effect as if in any provision not modified as aforesaid for any reference to land there were substituted a reference to a caravan site.

In this section “caravan site” has the same meaning as in section 33 above.

Where a person displaced from a dwelling in consequence of any of the matters mentioned in subsection (1)(a), (b) or (c) of section 39 above—

the relevant authority for the purposes of that section may advance money to him for the purpose of enabling him to acquire or construct the other dwelling.

The power conferred by this section shall be exercisable subject to such conditions as may be approved by the Secretary of State and the following provisions shall apply with respect to any advance made in the exercise of that power.

The advance shall be made—

An advance for the construction of a dwelling may be made by instalments from time to time as the works of construction progress.

The principal of the advance, together with interest thereon, shall be secured by a mortgage of the borrower’s interest in the dwelling, and the amount of the principal shall not exceed the value which, in accordance with a valuation duly made on behalf of the relevant authority, it is estimated that the borrower’s interest will bear or, as the case may be, will bear when the dwelling has been constructed.

Before advancing money under this section the relevant authority shall satisfy themselves that the dwelling to be acquired is or will be made, or that the dwelling to be constructed will on completion be, in all respects fit for human habitation.

While the payment of the principal of an advance made by a local authority under this section is not required in accordance with the terms of the advance, the local authority may suspend, with respect to so much of any sum borrowed by them as is referable to the advance or with respect to any sum paid in respect of the advance out of their Consolidated Loans Fund, any periodical provision for repayment that may be required by any enactment or by any scheme (whether made under section 55 of the M1Local Government Act 1958 or under any local enactment) by which the Fund was established.

The power conferred by this section on a relevant authority is without prejudice to any power to advance money exercisable by the authority under any other enactment.

In this section “owner-occupier”, in relation to any dwelling, means a person who occupies it on the date of displacement and either—

In this section references to the construction of a dwelling include references to the acquisition of a building and its conversion into a dwelling and to the conversion into a dwelling of a building previously acquired.

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Where a relevant authority within the meaning of section 39 above provide or secure the provision of accommodation for any person in pursuance of subsection (1)(a) or (c) of that section, then, if—

the displacing authority shall make to the rehousing authority periodical payments, or if the rehousing authority so require a lump sum payment, by way of indemnity against any net loss in respect of the rehousing authority’s provision of that accommodation which may be incurred by that authority in any year during the period of ten years commencing with the year in which the accommodation is first provided.

For the purposes of subsection (1) above a local authority incur a net loss in respect of their provision of accommodation for a person whom they are rehousing—

Where money has been advanced to a person as mentioned in section 39(4) above, then if—

the displacing authority shall make to the lending authority a lump sum payment by way of indemnity against that loss.

For the purposes of subsection (3) above, a lending authority incur a net loss in respect of the making of an advance to any person if—

The Secretary of State may—

F6In subsection (2)—

Where a person displaced from a dwelling in consequence of F1any of the events specified in paragraphs (a) to (d) of section 39(1)above—

then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution, accepted the undertaking or served the notice or the authority carrying out the improvement or redevelopment may pay any reasonable expenses incurred by him in connection with the acquisition, other than the purchase price.

No payment shall be made under this section in respect of expenses incurred by any person in connection with the acquisition of a dwelling unless the dwelling is acquired not later than one year after the displacement and is reasonably comparable with that from which he is displaced.

For the purposes of subsection (2) above a dwelling acquired pursuant to a contract shall be treated as acquired when the contract is made.

Subsections (3) F2(6) and (6A) of section 39 above shall have effect in relation to subsection (1) above and to any provision of subsection (1) of that section as applied thereby.

If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”).

Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA).

If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount.

The Treasury must by regulations specify the rate of interest for the purposes of subsection (1).

Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1).

Regulations under subsection (4) are to be made by statutory instrument.

A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Where an acquiring authority serve notice to treat in respect of any agricultural land on a person (whether in occupation or not) having a greater interest in the land than as tenant for a year or from year to year, and that person has such an interest in other agricultural land comprised in the same agricultural unit as that to which the notice relates, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice to treat, serve on the acquiring authority a counter-notice—

Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on any other person who has an interest in the land to which the requirement in the counter-notice relates, but failure to comply with this subsection shall not invalidate the counter-notice.

Subject to subsection (4) below, “other relevant land” in subsection (1) above means—

Where an acquiring authority have served a notice to treat in respect of any of the other agricultural land mentioned in subsection (1) above or in respect of other relevant land as defined in subsection (3) above F1or such a notice is deemed to have been served by virtue of sections 137 to 144 of the Town and Country Planning Act 1990, then, unless and until that notice to treat is withdrawn, this section and section 54 below shall have effect as if that land did not form part of that other agricultural land or did not constitute other relevant land, as the case may be.

This section shall have effect in relation to a case where a notice to treat is deemed to have been served by virtue of any of the provisions of F2F3Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (general vesting declarations) as it has effect in relation to a case where a notice to treat is actually served, and section 54 below shall have effect accordingly.

This section is without prejudice to the rights conferred by sections 93 and 94 of the M1Lands Clauses Consolidation Act 1845, F4 or section 8(2) and (3) of the M2Compulsory Purchase Act 1965 (provisions as to divided land).

Where an acquiring authority serve notice of entry under section 11(1) of the M1Compulsory Purchase Act 1965 on the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, and the notice relates to part only of that holding, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice of entry, serve on the acquiring authority a counter-notice—

Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on the landlord of the holding, but failure to comply with this subsection shall not invalidate the counter-notice.

Subject to subsection (4) below, “other relevant land” in subsection (1) above means—

Where an acquiring authority have served a notice to treat in respect of land in the agricultural holding other than that to which the notice to entry relates or in respect of other relevant land as defined in subsection (3) above, then, unless and until that notice to treat is withdrawn, this section and section 56 below shall have effect as if that land did not form part of the holding or did not constitute other relevant land, as the case may be.

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Compensation under section 68 of the M1Lands Clauses Consolidation Act 1845 or section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 32 of the M2Land Compensation Act 1961, from the date of the claim until payment.

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Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.

Any communication required or authorised under this Act to be sent to—

may also be sent electronically by a method mentioned in subsection (3).

The methods are—

For the purposes of subsection (3)—

A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.

In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.