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Land Compensation (Scotland) Act 1973

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This is the original version (as it was originally enacted).

71Land affected by compulsory purchase orders providing for acquisition of rights in or over land

(1)Section 181(1) of the Act of 1972 (which sets out the classes of blighted land) shall apply to land in the case of which there is in force a compulsory purchase order providing for the acquisition of a right in or over that land, and the appropriate authority have power to serve, but have not served, notice to treat in respect of the right; and the provisions of that Act mentioned in subsections (2) to (4) below shall accordingly be amended in accordance with those subsections.

(2)In section 181—

(a)at the end of subsection (1) there shall be added the following paragraph—

“(f)is land in the case of which there is in force a compulsory purchase order providing for the acquisition of a right in or over that land, and the appropriate authority have power to serve, but have not served, notice to treat in respect of the right.”;

(b)in subsection (6), for the word " (h) " there shall be substituted the word " (i) ".

(3)In section 183—

(a)after subsection (3) there shall be inserted the following subsection—

“(3A)Where the appropriate enactment confers power to acquire a right in or over land, subsection (2) of this section shall have effect as if—

(a)in paragraph (b), after the word ' acquire' there were inserted the words' or to acquire any right in or over ';

(b)in paragraph (c), for the words ' do not propose to acquire' there were substituted the words 'propose neither to acquire nor to acquire any right in or over';

(c)in paragraph (d), after the words ' affected area' there were inserted the words ' or to acquire any right in or over any part thereof;”.

(b)in subsection (5), in paragraphs (a) and (b) after the word 'acquire' there shall be inserted the words 'or to acquire any right in or over'

(4)At the end of section 195(1) there shall be added the following words " or, as respects the description contained in paragraph (f) of section 181(1) of this Act, the enactment under which the compulsory purchase order referred to in that paragraph was made. ".

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