PART XVS COMPENSATION PAYMENTS

Payments for houses not meeting tolerable standardS

311 Interpretation of sections 308 to 310.S

(1)In section 308, in relation to any house purchased or vacated, “the relevant date” and “the authority concerned” mean respectively—

(a)if the house was purchased compulsorily in pursuance of a notice served under section 121, the date when and the authority by whom the notice was served;

[F1(b)if the house is in a housing renewal area (within the meaning of the Housing (Scotland) Act 2006 (asp 1)), the date on which the order designating it was made under section 1 of that Act of 2006 and the authority which made it;]

(c)if the house was declared not to meet the tolerable standard by an order under paragraph 2(1) of Schedule 2 to the M1Land Compensation (Scotland) Act 1963, the date when the order was made and the acquiring authority within the meaning of that Act;

(d)if the house was vacated in pursuance of a demolition order or closing order, the date when and the authority by whom the order was made;

F2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and “the qualifying period” means the period of 2 years ending with the relevant date, except that where that date is earlier than 31st July 1970, it means the period beginning with 1st August 1968 and ending with the relevant date.

(2)In sections 308 to 310—

  • “full compulsory purchase value”, in relation to any interest in a house, means the compensation which would be payable in respect of the compulsory purchase of that interest if the house were not being dealt with under Part IV or Part VI as not meeting the tolerable standard, and, in the case of a house subject to a demolition order or closing order, the making of that order were a service of the notice to treat;

  • “interest” in a house does not include the interest of

    (i)

    [F3a tenant for a year or any shorter period;

    (ii)

    a statutory tenant within the meaning of the Rent (Scotland) Act 1984;

    (iii)

    a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988;

    (iv)

    a tenant under a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016;]

  • “restricted value”, in relation to the compulsory purchase of a house, means compensation in respect thereof assessed under or by virtue of section 120 or 121 or Part III of Schedule 8.

(3)For the purposes of section 308, a house which might have been the subject of a demolition order but which has, without the making of such an order, been vacated and demolished in pursuance of an undertaking for its demolition given to the local authority having power to make the order shall be deemed to have been vacated in pursuance of a demolition order made and served by that authority at the date when the undertaking was given.

Textual Amendments

F1S. 311(1)(b) substituted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 12 (with s. 193); S.S.I. 2009/122, art. 3 (with art. 7)

Marginal Citations