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The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008

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Notice of application

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6.—(1) The applicant shall as soon as possible after making an application serve a notice in (or as nearly as may be in) the form of Form 1 in the Schedule upon–

(a)the owner and every tenant and occupier of the relevant land to which the application relates; and

(b)any other person that the Scottish Ministers direct.

(2) The applicant shall also, as soon as possible after making an application, publish in at least one newspaper circulating in the locality, or each of the localities, in which the relevant land to which the application relates is situated, a notice in (or as nearly as may be in) the form of Form 2 in the Schedule.

(3) The notice to be published for the purposes of paragraph (2) may be combined with the newspaper notice of any other application by the applicant relating to other relevant land.

(4) If any person makes a request for further details as to the relevant land to which an application relates which is received by the applicant on or before the expiry date for representations, the applicant shall provide to that person, free of charge, further details sufficient to identify that relevant land.

(5) The applicant may comply with the applicant’s obligation under paragraph (4) by providing the person making the request with a plan showing the relevant land.

(6) As soon as practicable after making the application the applicant shall submit to the Scottish Ministers copies of–

(a)the notices served under paragraph (1) and confirmation of the date on which they were served; and

(b)each notice placed in a newspaper for the purposes of paragraph (2).

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