Housing (Scotland) Act 1987

23 Compulsory purchase of land by Scottish Special Housing Association

(1) Where the Scottish Special Housing Association (hereafter in this section referred to as "the Association") desire to acquire any land for—

(a) the provision of new houses by the Association under the terms of an agreement between them and the Secretary of State, or

(b) the provision of housing accommodation by the Association under a scheme submitted by them to the Secretary of State under section 196(1)(b),

and the Association have made an application to the local authority in whose district the land is situated requesting them to acquire the land under this Part for the purpose of selling it or leasing it to the Association, then if the authority have power so to acquire the land and the Association are satisfied, after consultation with the authority, that the authority are unwilling to acquire the land for that purpose or that the footing on which they are willing to do so involves the sale or leasing of the land to the Association subject to conditions which are unacceptable to the Association, the Association may themselves acquire the land compulsorily.

(2) The Association may, at the request of the Housing Corporation made in accordance with section 88(5) of the [1985 c. 69.] Housing Associations Act 1985, acquire land compulsorily.

(3) The power of the Association to acquire any land compulsorily under subsection (1) or subsection (2) shall be exercisable in any particular case on their being authorised to do so by the Secretary of State, and in relation to the compulsory purchase the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if the Association were a local authority within the meaning of that Act, as if this Act had been in force immediately before the commencement of that Act, and in relation to the exercise of the Association's powers under subsection (1) of this section as if in Part I of Schedule 1 to that Act (procedure for authorising compulsory purchases) references to an owner of any land comprised in the compulsory purchase order included references to the local authority in whose district the land is situated.

(4) The Association may not dispose of any land acquired by them compulsorily under this section which is not required for the purposes for which it was acquired without the consent in writing of the Secretary of State.

(5) In the case of land which is situated partly in the district of one local authority and partly in the district of another, references in this section to the local authority in whose district the land is situated shall be construed as references to each of those local authorities.

(6) The Association may, for the purpose of securing the improvement of the amenities of a predominantly residential area within a district in which it has an interest as owner of land—

(a) carry out any works on land owned by them;

(b) with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his expense, or at the expense of the Association, or in part at the expense of both;

(c) acquire any land by agreement.

(7) Subsection (6) applies to a development corporation in respect of its designated area as it applies to the Association in respect of a district in which it has an interest as owner of land, and in addition to the powers conferred by that subsection, a development corporation may assist (whether by grants or loans or otherwise) in the carrying out of works on land not owned by them.