Housing and Town Development (Scotland) Act 1957

22 Special procedure for completion of compulsory acquisition of land under certain provisions

(1) If the Secretary of State is satisfied, in the case of a compulsory purchase order submitted to him by a local authority under the principal Act or Part I of the Housing (Repairs and Rents) (Scotland) Act, 1954, that, as respects the whole or any part of the land to which the order relates—

(a) reasonable inquiry has been made and it is not practicable to ascertain the name or address of the owner of the land or that part thereof, or

(b) the land or that part thereof is owned by such number of persons that the obtaining of a separate title from each would cause undue delay, or

(c) any other special circumstances exist which, in his opinion, make it necessary or expedient that the power conferred on him by this section should be exercised,

he may include in the order as confirmed by him a direction that the provisions of the Sixth Schedule to the Town and Country Planning (Scotland) Act, 1945, shall apply to the order, or, as the case may be, to the order so far as it relates to the part of the land in question:

Provided that no such direction shall be so included in a compulsory purchase order unless application in that behalf is included in the order as submitted to the Secretary of State.

(2) A compulsory purchase order which contains any direction under this section shall, as soon as may be after the order becomes operative, be recorded by the local authority in the appropriate Register of Sasines.

(3) References in the said Sixth Schedule to a purchase order providing for expedited completion, to the purchasing authority or to subsection (2) of section thirty-six of the Town and Country Planning (Scotland) Act, 1947, shall be construed, for the purposes of this section, as references respectively to a compulsory purchase order containing a direction under this section, to the local authority authorised to acquire land by that order and to subsection (2) of this section.

(4) Paragraph 3 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, and subsection (1) of section thirty-eight of the principal Act (which provide for early entry on land) and paragraph 4 of that Schedule and sub-paragraph (iv) of paragraph 2 of the Third Schedule to the principal Act (which make special provision, with respect to the sale of parts of houses and other premises) shall not apply to a compulsory purchase order containing any direction under this section.

(5) In relation to any compulsory purchase order containing a direction under this section, any words in any enactment importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of this section and paragraph 1 of the Sixth Schedule to the said Act of 1945, is to be deemed to have been served.