Section 167 General provisions as to compensation for depreciation under Part VIII.
Scotland
For the purpose of assessing any compensation to which this section applies, the rules set out in section 12 of the M1Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
F1Subject to regulations under section 167A of this Act, this section applies to any compensation which, under the preceding provisions of this Part of this Act, other than section 163, 164 or 166, is payable in respect of depreciation of the value of an interest in land.
In relation to the assessment of compensation payable under section 153 of this Act, the value of any interest may be a minus quantity.
Where an interest in land is subject to a heritable security—
any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the security;
a claim for any such compensation may be made by any creditor in a heritable security over the interest, but without prejudice to the making of a claim by the person entitled to the interest;
no compensation to which this section applies shall be payable in respect of the interest of the creditor in the heritable security (as distinct from the interest which is subject to the security); and
any compensation to which this section applies which is payable in respect of the interest which is subject to the heritable security shall be paid to the creditor in the security, or, if there is more than one such creditor, to the creditor whose security ranks first, and shall in either case be applied by him as if it were proceeds of sale by him under the powers competent to creditors in heritable securities.
Annotations
Textual amendments
- F1
Words substituted by Town and Country Planning (Minerals) Act 1981 (c. 36), s. 35, Sch. 2 para. 6
Marginal citations
- M1
Modifications
- C1
S. 167(1)(2) extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 117(2) (with s. 128(1))
- C2
S. 167(4) extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 118 (with s. 128(1))
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Part VIII
Modifications
- C1
Pt. VIII modified (30.10.1994) by S.I. 1994/2716, regs. 74(1)(b), 78(1)(b)
Pt. VIII applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 74(2), 78(2)
- C2
Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2
Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2