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The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003

S.S.I. 2003/175 · Made 10 March 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING

Made 10th March 2003

Laid before the Scottish Parliament 11th March 2003

Coming into force 1st April 2003

The Scottish Ministers, in exercise of the powers conferred by section 80(4) of the Planning and Compensation Act 1991f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1991 c. 34. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation, commencement and extent
  2. 2Additions to provisions relating to interest on compensation
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 and shall come into force on 1st April 2003.

(2)

This Order shall extend to Scotland only.

2Additions to provisions relating to interest on compensation

Part I (compensation provisions that do not provide for interest) of Schedule 18 to the Planning and Compensation Act 1991 shall be amended by the insertion, after the entry relating to section 39(3) of the Land Compensation (Scotland) Act 1963f1, of–

“

Section 46B of the Control of Pollution Act 1974

In the case of so much of the compensation as is payable under section 46B–

  1. (a)

    by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works (Scotland) Regulations 2003 (loss and damage for which compensation payable), the date of the depreciation;

  2. (b)

    by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection;

  3. (c)

    by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payablef2

”.

Signature

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

10th March 2003

Explanatory note

(This note is not part of the Order)

Part I of Schedule 18 to the Planning and Compensation Act 1991 specifies or describes the date from which interest is payable on compensation arising under the statutory provisions mentioned, which do not themselves provide for the payment of interest.

Article 2 of this Order amends that Part of that Schedule by adding provisions relating to the payment of compensation under section 46B of the Control of Pollution Act 1974 (“the 1974 Act”).

Compensation is payable under that section where a person has granted, or joined in granting, rights to enable the person on whom a works notice is served to carry out such anti-pollution works or operations as are specified in the notice. The amount of the compensation is assessed in accordance with the Anti-Pollution Works (Scotland) Regulations 2003.

The rate of interest payable in respect of compensation under section 46B of the 1974 Act is that prescribed under section 40 (rate of interest after entry on land) of the Land Compensation (Scotland) Act 1963.

This Order extends to Scotland only.