OpenLegislation

Part I Provisions that do not Provide for InterestI1C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)(2)
EnactmentDate from which interest payable
Enactments extending to Great Britain
Section 10(4)(a) of the M1Forestry Act 1967Date of claim for compensation
Section 18(1)(a) of the M2Reservoirs Act 1975Date of entry on the land
Section 18(1)(b) of that ActDate of claim for disturbance
Section 7 of the M3Ancient Monuments and Archaeological Areas Act 1979Date of the refusal, or grant subject to conditions, of scheduled monument consent
Section 9 of that ActDate works ceased to be authorised
Section 46 of that ActDate of entry on the land
F1F2Section 35A(4) of the Environmental Protection Act 1990

In the case of so much of the compensation as is payable under section 35A–

(a)by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation;

(b)by virtue of paragraph (c), (d) or (e) of that regulation: 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;

(c)by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable.

F3Section 78G(5) of that Act

In the case of so much of the compensation as is payable under section 78G–

(a)by virtue of paragraph 4(a) or (b) of Schedule 2 (compensation for rights of entry etc.) to the Contaminated Land (England) Regulations 2000, the date of the depreciation;

(b)by virtue of paragraph 4(c), (d) or (e) 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;

(c) by virtue of paragraph 5(6) of that Schedule, the date on which the expenses become payable.

Enactments extending to England and Wales
Section 31(3) F4or (3A) of the M4Land Compensation Act 1961Date of withdrawal of notice to treat
Section 11(3) of the M5Compulsory Purchase Act 1965Date of entry on the land
F5 . . . . . .
F6 . . . . . .
. . . . . .
Section 23 of the M6Highways Act 1980Date which would be the date from which interest is payable if the works were executed under Part V by a highway authority
Section 28(1) of that ActDate of claim
Section 73(9) of that ActDate of claim
Section 74(8) of that ActDate of claim
Section 77(2) of that ActIn the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 79(11) of that ActIn the case of loss, the date of the notice; and in the case of injurious affection, the date of claim
Section 79(12) of that ActDate of service of the notice
Section 126(2) of that ActDate of claim
Section 231 of that ActIn the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 292(1) of that ActIn the case of damage, the date of entry; in the case of disturbance, the date of claim
Section 57 of the M7Public Health (Control of Disease) Act 1984In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 106 of the M8Building Act 1984In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
Section 107(1) of the principal ActDate of order under section 97
Section 107(1) of that Act as applied by section 108(1)Date planning permission is refused or granted subject to conditions
Section 115 of that ActDate damage suffered or expenses incurred
Section 144(2) of that ActDate of direction under section 141(3)
Section 186 of that ActDate of service of stop notice
F7Section 202E of that Act

Date—

  1. (a)

    any consent required by tree preservation regulations is refused,

  2. (b)

    any such consent is granted subject to conditions, or

  3. (c)

    any approval required under such a condition is refused.

F8. . .. . .
. . .. . .
Section 223 of that ActDate expenses incurred
Section 250 of that ActDate of order under section 249(2)
Section 279(1) of that ActDate of decision made in accordance with section 266 or of order under section 97
Section 279(2) of that ActDate right extinguished or requirement imposed
Section 28 of M9Planning (Listed Buildings and Conservation Areas) Act 1990Date of order under section 23
F9. . .. . .
Section 16 of the M10Planning (Hazardous Substances) Act 1990Date of order under section 14(1)
Section 19 of that ActDate of modification or revocation of hazardous substances consent
F10Section 161B of the Water Resources Act 1991

In the case of so much of the compensation as is payable under section 161B–

(a)by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works Regulations 1999 (compensation following grant of rights), the date of the depreciation;

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

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

F11Paragraph 1 of Schedule 9 to the Water Resources Act 1991Date of entry upon or occupation or use of land
Paragraph 2(2) or (3) of that ScheduleDate of the ordinary drought order F12or the drought permit
Paragraph 2(4) of that ScheduleDate of decision to prohibit or limit the taking of water
Paragraph 2(5) of that ScheduleDate of suspension or variation of consent to make discharges or of the attachment of conditions to such consent
Paragraph 2(1) of Schedule 21 to that ActDate of claim
Paragraph 2(2) or (3) of that ScheduleIn the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Paragraph 4(1)(b) of that ScheduleDate loss is caused or damage done
Paragraph 5(1) of that Schedule (including that provision as applied by paragraph 5(3)(b) of that Schedule)Date of claim
Paragraph 2(1) of Schedule 12 to the Water Industry Act 1991Date of claim
Paragraph 2(2) or (3) of that ScheduleIn the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Paragraph 6(1)(b) of that ScheduleDate loss is caused or damage done
Section 14 of the Land Drainage Act 1991 (including that provision as applied by section 25(4)(b))Date of claim
Section 22 of that ActDate of claim
Section 29(5) of that Act (including that provision as applied by sections 30(3) and 31(5))Date of claim
F13Section 8 of the Historic Environment (Wales) Act 2023Date interim protection takes effect
Section 21 of that ActDate scheduled monument consent is refused or granted subject to conditions
Section 24 of that ActDate works ceased to be authorised
Section 28 of that ActDate notice of proposed termination is served
Section 34 of that ActDate temporary stop notice takes effect
Section 70 of that ActDate damage is caused
Section 80 of that ActDate interim protection takes effect
Section 86 of that ActDate temporary listing notice is served
Section 108 of that ActDate modification or revocation of consent takes effect
Section 116 of that ActDate termination of agreement or provision takes effect
Section 122 of that ActDate temporary stop notice takes effect
F14Section 142(4) of that ActDate right is extinguished or apparatus is transferred
Section 155(4) of that ActDate damage is caused
Enactments extending to Scotland
Section 2 of the M11Land Drainage (Scotland) Act 1930Date loss is caused or damage done
Section 1 of the M12Land Drainage (Scotland) Act 1941Date of injury or damage
Section 4 of the M13Land Drainage (Scotland) Act 1958Date damage is suffered
Section 39(3) of the M14Land Compensation (Scotland) Act 1963Date of withdrawal of notice to treat
F15F16Section 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 payable

F17Section 76 of the Town and Country Planning (Scotland) Act 1997Date of order under section 65
Section 77 of that ActDate permission is refused or granted subject to conditions
Section 83 of that ActDate damage suffered or expenses incurred
Section 95 of that ActDate of direction under section 92(3)
Section 143 of that ActDate of service of stop notice
Section 165 of that ActDate consent required by tree preservation order is refused or granted subject to conditions
Section 166 of that ActDate requirement is imposed by planning authority or Secretary of State
Section 185 of that ActDate expenses incurred
Section 204(1) of that ActDate on which order takes effect
Section 232 of that ActDate planning permission refused or granted subject to conditions
Paragraph 1 of Schedule 13 to that ActDate order made
Section 25 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997Date of order under section 21
Section 26 of that ActDate building preservation notice served
Section 14 of the Planning (Hazardous Substances) (Scotland) Act 1997Date of order revoking or modifying consent
Section 17 of that ActDate of modification or revocation of consent
Section 10 of the M15Water (Scotland) Act 1980Date damage sustained
Schedule 6 to that ActDate source or land is affected or injury is sustained
Section 71 of the M16Roads (Scotland) Act 1984Date access stopped up or limited
Section 72 of that ActDate access stopped up
Section 83(8) of that ActAs regards expenses, date expenses incurred; as regards injurious effect, date injury sustained
Section 88(2) of that ActDate on which damage sustained
Section 106 of that ActAs regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made.
Section 116 of that ActDate on which damage sustained
Section 121 of that ActDate on which damage done or materials removed
Section 140 of that ActDate of damage or disturbance

Annotations

Textual amendments

F1

Words in Sch. 18 Pt. 1 omitted (S.) (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 3 (with sch. 23)

F2

Entry in Sch. 18 Pt. I inserted (1.4.1999) by S.I. 1999/648, art. 2(2)(a)

F3

Sch. 18 Pt. I: Entry inserted (E.) (22.2.2002) by S.I. 2002/116, art. 2

F4

Words in Sch. 18 Pt. 1 inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 193(4), 216(3); S.I. 2018/251, reg. 4(d) (with reg. 6)

F5

Sch. 18 Pt. 1 entry repealed (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 31, Sch. 15 Pt. 3; S.I. 2010/708, art. 6(e)(f) (with Sch. 2); S.I. 2010/1547, art. 2(e)(f) (with Sch. 1)

F6

Entries in Sch. 18 Pt. I repealed (E.W.) (1.12.1991) by Water Consolidation (COnsequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 12, 14(1), 15).

F7

Words in Sch. 18 Pt. 1 inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 20(2) (with s. 226); S.I. 2012/601, art. 2(a)

F8

Words in Sch. 18 Pt. 1 repealed (6.4.2009 for E.W. for specified purposes, 6.4.2012 for E. in so far as not already in force) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 20(3), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(o); S.I. 2012/601, art. 2(a)(c), Sch.

F9

Words in Sch. 18 omitted (4.11.2024) by virtue of 2023 asc 3, Sch. 13 para. 161B(a) (as substituted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 20; S.I. 2024/860, art. 3(d))

F10

Entry in Sch. 18 Pt. I inserted (19.7.1999) by S.I. 1999/1765, art. 2

F11

Entries in Sch. 18 Pt. I inserted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 58.

F12

Words in Sch. 18 Pt. I inserted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 7

F13

Words in Sch. 18 inserted (4.11.2024) by 2023 asc 3, Sch. 13 para. 161B(b) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 20; S.I. 2024/860, art. 3(d))

F14

Words in Sch. 18 Pt. 1 inserted (E.W.) (28.4.2026) by Planning (Consequential Provisions) (Wales) Act 2026 (asc 7), s. 5(1), Sch. 2 para. 262(a) (with Sch. 5 Pt. 1)

F15

Words in Sch. 18 Pt. 1 inserted (S.) (1.4.2003) by The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 (S.S.I. 2003/175), arts. 1(1), 2

F16

Sch. 18 Pt. 1 entry omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 6(2)

F17

Entries substituted (27.5.1997) for the entries relating to the 1972 Act by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 49(2) (with s. 5, Sch. 3)

Marginal citations

M1

1967 c. 10

M2

1975 c. 23

M3

1979 c. 46

M4

1961 c. 33

M5

1965 c. 56

M6

1980 c. 66

M7

1984 c. 22

M8

1984 c. 55

M9

1990 c. 9

M10

1990 c. 10

M11

1930 c. 20

M12

1941 c. 13

M13

1958 c. 24

M14

1963 c. 51

M15

1980 c. 45

M16

1984 c. 54

Modifications

C1

Sch. 18 Pt. I restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 5

Commencement

I1

Sch. 18 Pt. I partly in force: Sch. 18 Pt. I partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. I partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force (S.)(30.8.1995) for certain purposes by S.I. 1995/2045, art. 3

Notes on Schedule 18

Modifications

C1

Sch. 18 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 5, Pt. II para. 6

Sch. 18 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 7

Commencement

I1

Sch. 18 partly in force: Sch. 18 partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force for certain purposes (S.) at 30.8.1995 by S.I. 1995/2045, art. 3