2 Compulsory acquisition of marine work.S
(1)Where a local authority are desirous of acquiring a marine work of which they could be authorised to accept a transfer under this Part of this Act and are unable to do so by agreement on terms which are in their opinion reasonable they may [F1be authorised by the [F2Secretary of State for Scotland] to] purchase the marine work compulsorily . . . F3
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4)At any time within six weeks after the determination of any question of disputed compensation payable in respect of a marine work or of any interest therein in pursuance of a compulsory purchase order made under this section, the local authority may, unless they have exercised any power of entry on the marine work, withdraw any notice to treat served on any person interested in the marine work, and intimation of any such withdrawal shall be given forthwith by the local authority to the [F2Secretary of State for Scotland], and the compulsory purchase order shall thereupon cease to be operative.
(5)Where, in pursuance of the last foregoing subsection, a local authority withdraw a notice to treat, they shall be liable to pay to the person to whom such notice was given, and to any other person interested in the marine work, compensation for any expense properly incurred by him in connection with the making of the compulsory purchase order, or with his claim to compensation, and the amount of such compensation shall, in default of agreement, be determined in accordance with the [F6M1Land Compensation (Scotland) Act 1963].
(6)No award of compensation in respect of a marine work or of any interest therein made in pursuance of a compulsory purchase order under this section shall be enforceable before the expiration of six weeks from the date of such award, and where, in pursuance of subsection (4) of this section, a notice to treat has been withdrawn, any award of compensation to the person on whom such notice was served shall cease to have effect.
Textual Amendments
F1Words inserted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), s. 6, Sch. 4
F2Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2
F3Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), s. 6, Sch. 4
F4S. 2(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F6Words substituted by virtue of Land Compensation (Scotland) Act 1963 (c. 51), s. 47(1)
Marginal Citations