Paragraph 20

England, Wales and Scotland

Section 152 applies as if—

(a)

in subsection (4), the reference to the F1Upper Tribunal were a reference to the Lands Tribunal for Scotland,

(b)

for subsections (5) and (6) there were substituted—

“(5)
Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 (which makes the construction of the railway subject to that Act and the Lands Clauses Consolidation (Scotland) Act 1845) applies in relation to authorised works as it applies in relation to the construction of a railway.
(6)
Any rule or principle applied to the construction of section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 must be applied to the construction of subsection (3) of this section (with any necessary modifications).”, and

(c)

in subsection (7)—

(i)

the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973, and

(ii)

in paragraph (c), for “17” there were substituted “ 15 ”.

Annotations

Textual amendments

F1: Words in Sch. 12 para. 20(a) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 298(a) (with Sch. 5)