Town and Country Planning (Scotland) Act 1997

Compulsory purchase S

14 S This paragraph applies to land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable.

Modifications etc. (not altering text)

C1 Sch. 14 para. 14 modified (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 74(1) (with s. 75)

C2 Sch. 14 para. 14 modified (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 75(1) (with ss. 76, 84)

15 (1) This paragraph applies to land in respect of which— S

(a) a compulsory purchase order is in force, or

(b) 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 land or, as the case may be, the right or rights.

(2) This paragraph applies also to land in respect of which—

(a) a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister, and

(b) a notice has been published under paragraph 3(1)(a) of Schedule 1 to the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or under any corresponding enactment applicable to it.

(3) Sub-paragraph (2) shall cease to apply when—

(a) the relevant compulsory purchase order comes into force (whether in its original form or with modifications), or

(b) the Minister concerned decides not to confirm or make the order.

Marginal Citations

M1 1947 c. 42.

[F1 16 S This paragraph applies to land—

(a) the compulsory acquisition of which is authorised by an order under section 1 of the Transport and Works (Scotland) Act 2007,

(b) which falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable, or

(c) which is the subject of a proposal, contained in an application made in accordance with rules under section 4 of that Act or in a draft order prepared under section 6(3) of that Act, that it should be such land.]

Textual Amendments

F1 Sch. 14 para. 16 added (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 15(2), 30(4); S.S.I. 2007/516, art. 2

Modifications etc. (not altering text)

C3 Sch. 14 para. 16 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 52(2)(3), 70(1)

[F2 17 (1) This paragraph applies to land which relates to the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line— S

(a) one end of which is in England or Wales, and

(b) the other end of which is in Scotland,

where one of the following conditions is met.

(2) The conditions are—

(a) the compulsory acquisition of the land is authorised by an order granting development consent under the Planning Act 2008,

(b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable,

(c) an application for such an order seeks authority to compulsorily acquire the land.]

Textual Amendments

F2 Sch. 14 paras. 17, 18 and cross-heading inserted (6.4.2009 for specified purposes, 1.3.2010 in so far as not already in force) by Planning Act 2008 (c. 29), ss. 176(2), 241(8) (with s. 226); S.I. 2009/400, art. 4(a), S.I. 2010/101, art. 5 (with art. 6)