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The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003

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Additions to provisions relating to interest on compensation

2.  Part I (compensation provisions that do not provide for interest) of Schedule 18 to the Planning and Compensation Act 1991 shall be amended by the insertion, after the entry relating to section 39(3) of the Land Compensation (Scotland) Act 1963(1), of–

“Section 46B of the Control of Pollution Act 1974

In the case of so much of the compensation as is payable under section 46B–

(a)

by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works (Scotland) Regulations 2003 (loss and damage for which compensation payable), the date of the depreciation;

(b)

by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection;

(c)

by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable(2)”.

(2)

Section 46B of the Control of Pollution Act 1974 (c. 40) was inserted by the Environment Act 1995 (c. 25), Schedule 29, paragraph 22. For the Anti-Pollution Works (Scotland) Regulations 2003 see S.S.I. 2003/168.

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