3(1)As soon as may be after taking possession of any land under paragraph 2 above the Secretary of State shall either—S
(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.
Textual Amendments
F1Words in Sch. 2 para. 3(1)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 24(6)(b)
Marginal Citations