SCHEDULE 12MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL

Notes to Schedule K, shall cease to have effect.

25Land Compensation (Scotland) Act 1963 (c. 51)

1

The Land Compensation (Scotland) Act 1963 shall be amended in accordance with this paragraph.

2

In section 10 (consolidation of proceedings on claims in respect of several interests in the same land), for the words “acquisition of the several interests” substitute “acquisition of several interests”.

3

In section 20 (consideration in respect of discharge of feu-duty etc.)—

a

in subsection (1), the words “the dominium utile in”, in both places where they occur, shall cease to have effect;

b

in subsection (2), the words “feu-duty, or ground annual or other” and “(not being stipend or standard charge in lieu of stipend)” shall cease to have effect;

c

in subsection (3), for the words “dominium utile” substitute “land”;

d

in subsection (7), the words “dominium utile in any” shall cease to have effect; and

e

in subsection (8), the words “the dominium utile in” shall cease to have effect.

4

In section 27(3) (application for certificate of alternative development), the words “and that interest is the dominium utile of the land,”, “feu-duty or ground annual or other” and “(not being stipend or standard charge in lieu of stipend)” shall cease to have effect.

5

In section 28 (provisions as respect certain regulations under section 275(1)(c) of the Town and Country Planning (Scotland) Act 1997)—

a

in paragraph (e), the words “the dominium utile of” and, in both places where they occur, “feu-duty or”; and

b

in paragraph (f), the words “the dominium utile of”,

shall cease to have effect.

6

In section 32(6)(b) (provision for notification to planning authority in certain circumstances), for the words “dominium utile” substitute “ownership”.

7

In section 45 (interpretation)—

a

after subsection (1) insert—

1A

Any reference in this Act to an “interest” in land shall be construed as a reference to a right in land and as including a reference to ownership of land.

b

subsections (8) and (9) shall cease to have effect.

8

In Schedule 2 (acquisition of houses which do not meet the tolerable standard), in paragraph 2(2), the words “the superior of, and” shall cease to have effect.