Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

182 Power to serve blight notice. S

(1) Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the specified descriptions, and a person claims that—

(a) he is entitled to an interest in that hereditament or unit; and

(b) the interest is one which qualifies for protection under these provisions; and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 he has made reasonable endeavours to sell that interest [F2 or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable]; and

[F3 (d) in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land]

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, these provisions.

(2) Subsection (1) of this section shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable any person—

(a) if he is entitled to an interest in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of the hereditament or unit; or

(b) if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the entirety of that part.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4) In these provisions “the claimant”, in relation to a blight notice, means the person who served that notice, and any reference to the interest of the claimant, in relation to such a notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1) of this section.

[F5 (5) Where the claimant is a crofter or cottar, this section shall have effect as if—

(a) in subsection (1)(c) for the word “sell” there were substituted the word “assign”;

(b) in subsection (1)(d) for the words from “sell it” to “to sell” there were substituted the words “assign it except at a price substantially lower than that for which he might reasonably have expected to assign it”;

(c) in subsections (1) and (4) for the word “purchase” there were substituted the words “take possession of”]

Textual Amendments

F1 Words repealed by Land Compensation Act 1973 (c. 26), Sch. 3 except in relation to a blight notice served before 23.5.1973

F2 Words in s. 182(1)(c) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (C. 34, SIF 123:2), s. 79, Sch. 17, Pt. I para.11 (with s. 84(5)); S.I. 1991/2092, art.3

F3 S. 182(1)(d) substituted by Land Compensation (Scotland) Act 1973 (c. 56), s. 72

F4 S. 182(3) repealed by Land Compensation Act 1973 (c. 26), Sch. 3 except in relation to a blight notice served before 23.5.1973

F5 S. 182(5) added by Crofting Reform (Scotland) Act 1976 (c. 21), s. 11, Sch. 1 para. 1

Modifications etc. (not altering text)

C1 Ss. 181–196 modified by Local Government, Planning and Land Act 1980 (c. 65), s. 147(3)

C2 S. 182 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 73(1)(4), 77(5); amended by Land Compensation (Scotland) Act 1973 (c. 56) , s. 77(4)