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Land Compensation (Scotland) Act 1973

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40 Power of relevant authority to defray expenses in connection with acquisition of new dwellings.S

(1)Where a person displaced from a dwelling in consequence of [F1any of the events specified in paragraphs (a) to (c) of section 36(1) above]

(a)has no interest in the dwelling or no greater interest therein than as tenant for a year or from year to year; and

(b)wishes to acquire another dwelling in substitution for that from which he is displaced,

[F1then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution or accepted the undertaking or the authority carrying out the improvement or redevelopment] may pay any reasonable expenses incurred by him in connection with the acquisition, other than the purchase price.

(2)No payment shall be made under this section in respect of expenses incurred by any person in connection with the acquisition of a dwelling unless the dwelling is acquired not later than one year after the displacement and is reasonably comparable with that from which he is displaced.

(3)For the purposes of subsection (2) above a dwelling acquired pursuant to a contract shall be treated as acquired when the contract is made.

(4)Subsections (3) and (6) of section 36 above shall have effect in relation to subsection (1) above and to [F2any provision of subsection (1)] of that section as applied thereby.

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