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Publication - Guidance

Guidance for acquiring authorities: can I use compulsory purchase?

Published: 26 Apr 2018
Part of:
Building, planning and design, Research
ISBN:
9781788518116

First in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of compulsory purchase.

17 page PDF

233.9kB

17 page PDF

233.9kB

Contents
Guidance for acquiring authorities: can I use compulsory purchase?
Schedule 2: Commonly used Compulsory Purchase Powers

17 page PDF

233.9kB

Schedule 2: Commonly used Compulsory Purchase Powers

Enabling Power

Section of Act

Acquiring Authority

Description of Power

Building (Scotland) Act 2003

s.45

Local Authority

The purchase of a building and its site on which the local authority has carried out work under s.29(2) or (3) or 30(4)(b) and the expense incurred in doing so cannot be recovered from the owner of the building because the owner cannot be found.

Education (Scotland) Act 1980

s.20

Education Authority

In order to enable them to execute any of their functions

Electricity Act 1989

s.10 and Sch.3

Holders of licence to transmit electricity, and in so far as the licence provides, to distribute and generate electricity

For any purpose connected with the carrying on of the activities which the licence holder is authorised by the licence to carry on

Flood Risk Management (Scotland) Act 2009

s.66

Local Authority

Land which it requires for the purpose of carrying out flood prevention scheme operations

Housing (Scotland) Act 1987

ss.9 and 10

Local Authority

For, or in connection with, provision of housing accommodation

s.124

Local Authority

Purchase of site of a building which has been demolished by the authority under s.123 and the expenses incurred cannot be recovered because the owner cannot be found

Housing Associations Act 1985

s.88

Local Authority

For purpose of selling/leasing it to a registered housing association or unregistered self-build society; or providing dwellings for letting or for sale or hostels

Housing (Scotland) Act 2006

s.40

Local Authority

Acquisition of a house and its site for the purposes of carrying out work or demolition following a failure of the owner of the house to comply with a works notice or demolition notice served under the Act

s.95

Local Authority

To improve the amenity of a predominantly residential area

Land Reform (Scotland) Act 2003

s.16

Local Authority

For the purpose of enabling or facilitating the exercise of access rights in respect of land to which the section applies

Local Government (Scotland) Act 1973

s.71

Local Authority

For the purposes of any of its functions

National Parks (Scotland) Act 2000

s.9 and Sch.2

National Park Authority

Any land within the National Park for the purpose of its functions

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

s.42

Local Authority

For preservation of a listed building

Police (Scotland) Act 1967

s.10

Police Authority

For the purposes of its functions

Road Traffic Regulation Act 1984

s.40

Local Authority

For purposes of providing parking places under ss.32, 33(4)(a) and 34 of the Act

Roads (Scotland) Act 1984

 

ss.103, 104, 104(1)

Roads Authority

For purposes in connection with the construction, improvement or protection of a public road or for the purpose of providing or improving a road which is to be provided or improved in pursuance with an order under the Town and Country Planning (Scotland) Act 1997 or of providing a public right of way which is to be provided as an alternative to a right of way extinguished under the Act or for any other purpose for which land is required in connection with such an order

s.104(2)

Roads Authority

Land which is required in connection with the carrying out of any works authorised by an order relating to a trunk road under s.12 or the provision of buildings or facilities for the purposes of constructing, improving, maintaining or servicing a trunk road other than a special road.

s.104(3)

Special Road Authority

Land which is required in connection with the improvement of a road which is included in the route of a special road but has not been transferred to the authority by means of an order under s.9 of the Act, for the purpose of any order made in relation to a special road under the said s.9 or in connection with the provision of service stations or other buildings or facilities to be used in connection with the special road

s.105

Roads Authority

Land required in connection with the carrying out of works authorised under s12, 69 or 70 or required for the provision of any buildings or facilities needed for the purpose of constructing, improving or maintaining or servicing a public road

s.106

Roads Authority

For the purposes of mitigating any adverse effect which the existence or use of a road constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the road

s.107

Roads Authority

For the propose of providing, altering or improving a cattle grid (or a bypass in relation to a cattle grid)

s.108

Roads Authority

Land required in connection with the provision of a picnic site

Transport and Works (Scotland) Act 2007

s.1

Network Rail, Regional Transport Partnerships, Local Authorities, British Waterways, Private Transport Operators

For the purpose of the construction or operation of railways, tramways, other guided transport systems, trolley vehicle systems and inland waterways

Town and Country Planning (Scotland) Act 1997

s.189

Planning Authority

Land which is (1) suitable for and is required in order to secure the carrying out of development, redevelopment or improvement (2) required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated

Transport Act 1962

s.15A

British Waterways Board

For the purposes of its business

Water Industry (Scotland) Act 2002

s.47

Scottish Water

For the purposes of its core functions

Notes
i) Authorities should check the precise wording of the enabling Act, rather than relying on the description of the power contained here
ii) Authorities should ensure that the legislation remains in force and check whether it has been amended


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