Valid from 12/06/2006
Compulsory acquisitionS
3(1)In the principal Scottish Act, section 189 (compulsory acquisition of land for development and other planning purposes) is amended as follows.S
(2)After subsection (2) there is inserted the following subsection—
“(2A)The Scottish Ministers must not authorise the acquisition of any interest in Crown land unless—
(a)it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b)the appropriate authority consents to the acquisition.”
(3)After subsection (8) there is inserted the following subsection—
“(9)Crown land must be construed in accordance with Part 12.”
4(1)Section 190 of that Act (compulsory acquisition of land by Secretary of State for the Environment) is amended as follows.S
(2)After subsection (1) there is inserted the following subsection—
“(1A)But subsection (1) does not permit the acquisition of any interest in Crown land unless—
(a)it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b)the appropriate authority consents to the acquisition.”
(3)After subsection (7) there is added the following subsection—
“(8)Crown land must be construed in accordance with Part 12.”
5(1)In the Scottish listed buildings Act, section 42 (compulsory acquisition of listed building in need of repair) is amended as follows.S
(2)After subsection (6) there is inserted the following subsection—
“(6A)This section does not permit the acquisition of any interest in Crown land unless—
(a)it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b)the appropriate authority consents to the acquisition.”