Town and Country Planning (Scotland) Act 1997

199 Displacement of persons from land acquired or appropriated. S

(1) Where—

(a) any land has been acquired or appropriated for planning purposes,

(b) the land is for the time being held by a planning authority for the purposes for which it was acquired or appropriated, and

(c) the carrying out of redevelopment on the land will involve the displacement of persons residing in premises on it,

it shall be the duty of the authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacements from time to time becoming necessary as the redevelopment proceeds.

(2) If the Secretary of State certifies that possession of a house which—

(a) has been acquired or appropriated by a planning authority for planning purposes, and

(b) is for the time being held by the authority for the purposes for which it was acquired or appropriated,

is immediately required for those purposes, nothing in the M1 Rent (Scotland) Act 1984 shall prevent the acquiring or appropriating authority from obtaining possession of the house.

(3) Where—

(a) any land has been acquired by a Minister or a planning authority under this Part or under Chapter V of Part I of the M2 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, or has been appropriated by a planning authority for planning purposes, and

(b) possession of any building on the land is required by that Minister or the planning authority in question, as the case may be, for the purposes for which the land was acquired or appropriated,

then, at any time after the tenancy of the occupier has expired or has been determined, the Minister or planning authority in question may serve a notice on the occupier of the building requiring him to remove from it within a period of 21 days.

(4) On the expiry of that period a certified copy of the notice to remove shall be sufficient warrant for ejection against the occupier or any party in his right in the event of non-compliance with the notice.

Marginal Citations

M1 1984 c. 58.

M2 1997 c. 9.