SCHEDULES
SCHEDULE 2EFFECT OF EXPEDITED ACQUISITION ORDERS
Duty to acquire the land if possession is taken
3
1
As soon as may be after taking possession of any land under paragraph 2 above the Secretary of State shall either—
a
serve notices to treat in respect of that land in accordance with section 17 of the said Act of 1845, or
b
execute a general vesting declaration in respect of that land under F1Schedule 15 to the Town and Country Planning (Scotland) Act 1997.
2
Sub-paragraph (1)(a) above requires the service of a notice to treat on a person having an interest in the land no greater than as tenant for a year or from year to year as well as on persons having greater interests; and the power conferred by section 39 of the M1Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in respect of any notice to treat served by the Secretary of State in respect of land specified in the order.
3
The power to execute a general vesting declaration in respect of the land specified in the order shall not be exercisable by the Secretary of State until he has taken possession of the land; but the foregoing provision shall not apply where the land was included in the order by virtue of section 15(2) of this Act.