Housing (Scotland) Act 1987

120 Powers of local authority in relation to building consisting wholly of closed houses

(1) Where a building consists wholly of houses with respect to which closing orders have become operative and none of those orders has been revoked or is subject to a suspension order, then—

(a) the local authority may revoke the closing orders and make a demolition order under section 115 in respect of the whole building, but section 117 shall not apply to the order; or

(b) the local authority may purchase the land by agreement or may, subject to the provisions of this section, be authorised by the Secretary of State to purchase it compulsorily.

(2) The provisions of the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under subsection (1)(b) as if that subsection had been in force immediately before the commencement of that Act.

(3) The compensation to be paid for land purchased compulsorily under this section shall be assessed by the Lands Tribunal in accordance with [1963 c. 51.] Land Compensation (Scotland) Act 1963 subject, however, to the provisions of subsections (4) and (5).

(4) The compensation payable under this section shall not (except by virtue of paragraph 3 of Schedule 2 to the said Act of 1963) exceed the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building regulations for the time being in force in the district.

(5) The references in subsections (3) and (4) to compensation are references to the compensation payable in respect of the purchase exclusive of any compensation for disturbance or for severance or for injurious affection.

(6) Where a local authority acquire land by virtue of this section, the provisions of paragraph 8(b) of Schedule 8 shall apply as if the land were in a housing action area and had been purchased for the purpose of demolishing the buildings thereon.