– Scottish Parliament written question – answered on 26th March 2003.

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Photo of Andrew Wilson Andrew Wilson Scottish National Party

Question S1W-34635

To ask the Scottish Executive, further to the answer to question S1W-33682 by Margaret Curran on 21 February 2003, whether there is any section of legislation that would prevent North Lanarkshire Council, either itself or with other bodies, paying compensation at the level that property values would now be had the defects in properties in the Ainslie Road and Macclehose Road areas of the Cumbernauld and Kilsyth constituency not been discovered.

Photo of Margaret Curran Margaret Curran Labour

As I indicated in the answer given to question S1W-33682 any compensation paid by North Lanarkshire Council will need to be in accordance with the relevant statutory provisions. If it decides to use the compulsory powers available under Part IV of the Housing (Scotland) Act 1987, it will require to pay compensation as defined by Part XV of that act. This has the effect that compensation may not exceed the actual market value of the property at the date the relevant notice is served on the owner. The payment of compensation would not prevent the council from providing additional assistance to help those affected secure suitable alternative accommodation.

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