Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

7 Interpretation. S

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• . . . F1

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “common” includes any town or village green;

• “held inalienably”, in relation to land belonging to the National Trust for Scotland, means that the land is inalienable under section twenty two of the Order confirmed by the National Trust for Scotland Order Confirmation Act, M1 1935;

• “land”, in relation to compulsory purchase under any enactment. includes anything falling within any definition of that expression in that enactment, and in relation to compulsory purchase under the Harbours, Piers and Ferries (Scotland) Act, M2 1937, includes also a marine work within the meaning of that Act;

• “local authority” means any [F3 regional, islands or district council];

• “National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act, 1935;

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land being a disused burial ground;

• “owner”, in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease the unexpired period of which exceeds three years;

• “statutory undertakers” means any persons authorised by any Act (whether public general of local), or by any order or scheme made under or confirmed by an Act, to construct, work or carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or light-house undertaking, or any undertaking for the supply of . . . F4 , . . . F5 , hydraulic power or water.

(2) If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.

(3) For the removal of doubt, it is hereby declared that any power conferred by or under this Act or any enactment passed before the commencement thereof to purchase land compulsorily is, except in so far as any express provision of any such enactment restricts the exercise of the power, exercisable notwithstanding any other enactment providing that the land shall be inalienable.

(4) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F1 Definition of “appropriate Minister” repealed by S.I. 1970/1681

F2 Definition of “ancient monument” repealed by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), Sch. 5 (by the note at the end of Sch. 5 it is provided that nothing in that Schedule shall affect the operation of any enactment in relation to which para. 1(1) of Sch. 3 to the repealing Act applies)

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 133(1), Sch. 14 para. 42

F4 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F5 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch 9 Pt. I

Modifications etc. (not altering text)

C1 “Appropriate Minister” for purposes of this Act means in relation to lighthouse undertakings Board of Trade or Secretary of State, in relation to the Post Office Minister of Posts and Telecommunications and in any other case Secretary of State: Post Office Act 1969 (c. 48), Sch. 4 para. 93(2), S.I. 1970/1681 and Civil Aviation Act 1971 (c. 75), Sch. 5 para. 6(b)

C2 S. 7(3) applied by New Towns (Scotland) Act 1968 (c. 16), s. 41(3)

Marginal Citations

M1 1935 c. 11.

M2 1937 c. 28.