2003 No. 175
The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 80(4) of the Planning and Compensation Act 19911 and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and extent1
1
This Order may be cited as the Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 and shall come into force on 1st April 2003.
2
This Order shall extend to Scotland only.
Additions to provisions relating to interest on compensation2
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 19632, 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 payable3
(This note is not part of the Order)