OpenLegislation

Paragraph 10

If, in a case falling within paragraph 9, it is subsequently shown—

(a)

that the land, or the claimant’s interest in it, was subject to an incumbrance which was not disclosed in the particulars of his claim, and

(b)

that by reason of that incumbrance the compensation paid exceeded the compensation to which the claimant was entitled in respect of that interest,

the acquiring authority may recover the amount of the excess from the claimant.

Notes on Schedule 15

Modifications

C1

Sch. 15 applied (with modifications) (23.12.1999) by S.I. 1999/201, art. 26(1)(2)

Sch. 15 applied (with modifications) (23.12.1999) by S.I. 1999/203, art. 27(1)

C2

Sch. 15 applied (with modifications) (2.4.2004) by Highland Council (Inverie) Harbour Empowerment Order 2004 (S.S.I. 2004/171), arts. 1, 26 (with arts. 28, 29)

C3

Sch. 15 applied (with modifications) (18.1.2006) by Highland Council (Raasay) Harbour Revision Order 2006 (S.S.I. 2006/17), arts. 1, 31 (with art. 35)

C4

Sch. 15 applied (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 42(1) (with s. 75)

C5

Sch. 15 applied (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 42(1) (with ss. 76, 84)

C6

Sch. 15 applied (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 42 (with ss. 50(2), 51)

C7

Sch. 15 applied (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 40(1) (with s. 50)

C8

Sch. 15 applied (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 35(1) (with ss. 52, 60)

C9

Sch. 15 applied (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 35(1) (with ss. 48, 59)

C10

Sch. 15 applied (with modifications) (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 24

C11

Sch. 15 applied (with modifications) (3.2.2011) by Forth Crossing Act 2011 (asp 2), ss. 35(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

C12

Sch. 15 applied (with modifications) (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), arts. 1, 32 (with art. 37)