PART 3Management of land by Scottish Ministers

Acquisition and disposal of land

18Power to acquire land by agreement

1

The Scottish Ministers may, if they consider it appropriate to do so, acquire by agreement land for the purpose of exercising their functions under—

a

section 11,

b

section 15.

2

The power in subsection (1) includes, in particular, the power—

a

to purchase, or enter into a lease for, land,

b

to accept land as a gift,

c

to acquire any right or interest in or over land.

19Compulsory purchase of land

1

The Scottish Ministers may compulsorily acquire land that they require for the purpose of exercising their functions under section 11.

2

But the Scottish Ministers may not compulsorily acquire land if—

a

the land is subject to an arrangement under section 17(1),

b

the land is—

i

subject to a forestry dedication agreement, and

ii

being managed in accordance with a plan of operations that has been approved by the Scottish Ministers, or

c

the land is held or used by a Minister of the Crown or a department of the Government of the United Kingdom.

3

The power in subsection (1) includes, in particular, the power—

a

to acquire any right or interest in or over land,

b

to acquire a servitude or other right in or over land by the creation of a new right.

20Power to dispose of land

1

The Scottish Ministers may, if they consider it appropriate to do so, dispose of land mentioned in subsection (2).

2

The land is—

a

land in the national forest estate,

b

land within the meaning of section 12(1)(b)(i),

c

land within the meaning of section 15(2)(b)(i).

3

The Scottish Ministers must ensure that any funds received by them as a result of the disposal of land under subsection (1) are—

a

separately recorded, and

b

used by them solely for the purposes of or in connection with the carrying out of their functions under this Act.

4

In subsection (1), “dispose of land” includes—

a

the sale, gift or lease of the land,

b

the grant of any right or interest in or over the land.