Modifications etc. (not altering text)
C1Pt. 16: power to amend conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
C2Pt. 16 (ss. 134-172) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2
Pt. 16 (ss. 134-172) applied (27.5.1997) by 1997 c. 8, ss. 116(3)(a), 278(2)
C3Pt. 16 (ss. 134–172) extended (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(xxiv) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
C4Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35)
C5Pt. 16 extended by Gas Act 1986 (c. 44, SIF 44), s. 67(1)(3), Sch. 7 para. 2(1)(xxxix), Sch. 8 para. 33
C6Pt. 16 amended by S.I. 1988/900, art. 2
C7Pt. 12 (ss. 102–111), Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35(1))
(1)The following paragraph shall be inserted after paragraph 4 of Schedule 1 to the M1Land Compensation Act 1961 (descriptions of actual or prospective development of which account is not to be taken in assessing compensation or the effect of which is to reduce compensation payable in respect of adjacent land in the same ownership which has benefited by the development) and after paragraph 4 of Schedule 1 to the M2Land Compensation (Scotland) Act 1963 (which makes similar provision for Scotland):—
| “4A. Where any of the relevant land forms part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980. | Development of any land other than the relevant land, in the course of the development or redevelopment of that area as an urban development area.” |
(2)At the end of Part II of Schedule 1 to the Land Compensation Act 1961 there shall be added:—
10For the avoidance of doubt it is hereby declared—
(a)that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of acccount; and
(b)that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account,
merely because it is attributable—
(i)to any development of land which was carried out before the area was designated as an urban development area;
(ii)to any development or prospect of development of land outside the urban development area;
(iii)to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers.
11Paragraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in vlaue to be left out of account by virtue of section 6 of this Act.”.
(3)In section 6 of the M3Land Compensation Act 1961—
(a)in subsection (1)(b), for “4" substitute “ 4A ”; and
(b)add at the end of subsection (2) the words “ and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ”.
(4)At the end of Part II of Schedule 1 to the M4Land Compensation (Scotland) Act 1963 there shall be added:—
6For the avoidance of doubt it is hereby declared—
(a)that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and
(b)that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no increase in value is to be excluded from being taken into account,
merely because it is attributable—
(i)to any development of land which was carried out before the area was designated as an urban development area;
(ii)to any development or prospect of development of land outside the urban development area;
(iii)to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers.
7Paragraph 6 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.”.
(5)In section 13 of the M5Land Compensation (Scotland) Act 1963—
(a)in subsection (1)(b), for “4", where it first occurs, substitute “ 4A ”; and
(b)add at the end of subsection (2A) the words “ and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ”.
Modifications etc. (not altering text)
C8The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations