Countryside (Scotland) Act 1967

6 Powers of Commission in relation to development projects or schemes

(1) For the purpose of their functions under section 5(1)(b) above the Commission may—

(a) with the approval of the Secretary of State, by agreement acquire land, whether by way of purchase, feu, lease or excambion;

(b) acquire land compulsorily ;

(c) hold and manage land, and with the approval of the Secretary of State, and subject to the subsequent provisions of this section, dispose of or otherwise deal with land;

(d) erect buildings or other structures and carry out works or other operations on land ;

(e) provide equipment and services on or in connection with land or with the use of land ;

(f) hold, manage, maintain, hire, let or otherwise dispose of such works, equipment or services;

(g) exercise any powers to carry out work or provide services or facilities conferred by this Act on local authorities or local planning authorities;

(h) with the approval of the Secretary of State and the Treasury, acquire by agreement and carry on or set up and carry on, directly or through an agent, or themselves carry on as agent, any business or undertaking, and, subject to such approval, may dispose of any such business or undertaking.

(2) The disposal of land under this section may be by way of sale, feu, lease, or excambion, and there may be created in relation to land held by the Commission any servitude, right or other privilege, but such land may not be disposed of by way of gift.

(3) The powers conferred by paragraphs (d) to (g) of subsection (1) above—

(a) may be exercised by the Commission either on or in connection with land belonging to them, or with the consent of all persons having an interest therein, on or in connection with other land, and

(b) shall be exercisable in relation to land not belonging to them on such terms as may be arranged by agreement with the persons having an interest in the land.

(4) Where any person having such an interest in any land as enables him to bind the land enters into any such agreement as aforesaid, the agreement may be recorded in the Register of Sasines, and if so recorded shall be enforceable at the instance of the Commission against persons deriving title to the land from the person who entered into the agreement:

Provided that any such agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid, or against any person deriving title from such third party.