- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Lands Clauses Acts are incorporated with this Act, except sections 15, 16, 18, 20 to 60, 62 to 66, 83 to 88, 90, 116, 120 to 124 and 142 and 143 of the 1845 Lands Act.
(2)Section 6, and sections 71 to 78 (as originally enacted), of the Railways Clauses Consolidation (Scotland) Act 1845 (c.33) are incorporated with this Act.
(3)Provisions incorporated by this section apply only in so far as they are not inconsistent with, or expressly varied by, any provision of this Act.
(4)In construing provisions incorporated by this section—
(a)this Act is deemed to be the special Act,
(b)Ministers are deemed to be the promoter of the undertaking or the company,
(c)the Forth Crossing works are deemed to be the works, the undertaking or the railway, and
(d)“land” has the same meaning as in this Act.
(5)The Lands Clauses Acts, by virtue of subsection (4)(d), accordingly apply (subject to any necessary modifications) to the compulsory acquisition of a servitude or other right in or over land under this Act (whether by acquiring existing rights or creating new rights).
Ministers may acquire compulsorily any land—
(a)within the limits of deviation, or
(b)specified in schedule 9,
which they require for the purposes of the Forth Crossing works.
(1)Ministers may acquire by agreement any land—
(a)which may be acquired compulsorily under section 22,
(b)which is to be used to mitigate any adverse effect arising from the carrying out or the operation of the Forth Crossing works, or
(c)the enjoyment of which will be seriously affected by the carrying out or the operation of the Forth Crossing works.
This subsection does not affect any other power of Ministers to acquire the land concerned, or any other land, by agreement.
(2)In the Land Compensation (Scotland) Act 1973 (c.56)—
(a)at the end of section 24(6), insert “or authorised by the Forth Crossing Act 2011”, and
(b)at the end of section 25(5), insert “or any works authorised by the Forth Crossing Act 2011”.
(1)Ministers may acquire servitudes or other rights in land under section 22 or 23—
(a)by acquiring existing servitudes or other rights, or
(b)by creating new, permanent or temporary, servitudes or other rights.
(2)Ministers, when compulsorily acquiring servitudes or other rights in or over land under section 22, are not required to acquire any other part of, or interest in, the land concerned.
Where Ministers acquire land compulsorily under section 22 (and section 24 does not apply)—
(a)any servitude or real burden over that land is extinguished, and
(b)any development management scheme applying as respects that land is disapplied,
on the registration of the relevant conveyance.
Any person who is entitled by section 7 of the 1845 Lands Act (as incorporated with this Act) to dispose of land may, for any purpose connected with this Act, create a new servitude or other right in relation to such land.
But this section does not permit the creation of a servitude or other right in relation to water in which a person other than the creator has an interest.
(1)A servitude or other right acquired by Ministers under this Act is to be treated for all purposes as benefiting—
(a)any land held by Ministers for the purposes of the Forth Crossing works, or
(b)such other land specified in the instrument creating the servitude or other right.
(2)Despite section 75(1) of the Title Conditions (Scotland) Act 2003 (asp 9), the deed which creates a servitude so acquired is effective regardless of whether it is registered against the benefited property.
Any conveyance transferring land to Ministers in pursuance of a compulsory acquisition under section 22 is deemed to except all mines of coal, ironstone, slate, or other minerals under the land other than—
(a)any parts of the mines or minerals which need to be—
(ii)carried away, or
in the carrying out of the Forth Crossing works, and
(b)those expressly specified in the conveyance transferring the land.
Ministers’ power to acquire land compulsorily under section 22 ceases to have effect 5 years after Royal Assent.
This section does not apply to any land in respect of which a notice to treat is served, or a general vesting declaration is made, in pursuance of section 22 within 5 years of Royal Assent.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: