Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

7 Interpretation.

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• " appropriate Minister " means—

  (a)

  in relation to any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, the Minister of Transport,

  (b)

  in relation to any undertaking for the supply of electricity, gas or hydraulic power (other than that of the North of Scotland Hydro-Electric Board), the Minister of Fuel and Power.

  (c)

  in relation to any undertaking for the supply of water or to the undertaking of the North of Scotland Hydro-Electric Board, the Secretary of State ;

• " ancient monument " has the same meaning as in the Ancient Monuments Acts, 1913 and 1931 :

• " common " includes any town or village green ;

• " held inalienably ", in relation to land belonging to the National Trust for Scotland, means that the land is inalienable under section twenty-two of the Order confirmed by the [26 Geo. 5. & 1 Edw. 8. c. ii.] National Trust for Scotland Order Confirmation Act, 1935 ;

• " land ", in relation to compulsory purchase under any enactment, includes anything falling within any definition of that expression in that enactment, and in relation to compulsory purchase under the [1 Edw. 8. & 1 Geo. 6. c. 28.] Harbours, Piers and Ferries (Scotland) Act, 1937, includes also a marine work within the meaning of that Act;

• " local authority " means any county council, town council or district council, or any other authority within the meaning of the [54 & 55 Vict. c. 34.] Local Authorities Loans (Scotland) Act, 1891, and includes any joint board or joint committee of which all the constituent authorities are such local . authorities as aforesaid ;

• " National Trust for Scotland " means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act, 1935;

• " open space " means any land laid out as a public garden, or used for the purposes of public recreation, or land being a disused burial ground ;

• " owner ", in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease the unexpired period of which exceeds three years ;

• " statutory undertakers " means any persons authorised by any Act (whether public, general or local), or by any order or scheme made under or confirmed by an Act, to construct, work or carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water.

(2) If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.

(3) For the removal of doubt, it is hereby declared that any power conferred by or under this Act or any enactment passed before the commencement thereof to purchase land compulsorily is, except in so far as any express provision of any such enactment restricts the exercise of the power, exercisable notwithstanding any other enactment providing that the land shall be inalienable.

(4) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment, including this Act.