Sections 3 and 20.
Modifications etc. (not altering text)
C1Functions of Secretary for Scotland now exercisable by Secretary of State: Secretaries of State Act 1926 (c. 18) s. 1
(1)U.K.Where under this Act the Board propose to acquire land compulsorily to provide for the compulsory acquisition of land by a local authority, the Board may prepare an Order putting in force as respects the land specified in the Order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement
(2)U.K.The Order shall be in the prescribed form, and shall contain such provisions as may be prescribed for the purpose of carrying the Order into effect, and shall incorporate, with any necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to the sale of superfluous lands), and sections seventy to seventy-eight of the M1Railways Clauses Consolidation (Scotland) Act, 1845, and those Acts shall apply accordingly.
Marginal Citations
(3)U.K.The Order shall be published by the Board in the prescribed manner, and such notice as may be prescribed shall be given both in the locality in which the land specified in the Order is situate, and to the owners or reputed owners, lessees or reputed lessees, and occupiers of that land.
(4)U.K.Any person having a right or interest in the land specified in the Order may, within the prescribed period, present in writing to the Board an objection to the making of the Order.
(5)U.K.If within that period no such objection has been so presented, or every such objection so presented has been withdrawn, the Board may . . . . . . F1 forthwith make the Order; but, if any such objection has been duly presented and has not been withdrawn, the Board shall take the same into consideration, and, after such inquiry (if any) as they think fit, may either withdraw the Order, without prejudice to the preparation and making of a new Order, or may make the Order with or without modification. . . . . . . F1
Textual Amendments
F1Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
F2(6)U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 6 repealed (S.) (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch.
(7)U.K.Any Order made under this schedule . . . . . . F3 shall have effect as if enacted by Parliament.
Textual Amendments
F3Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
(8)(a)In construing, for the purposes of this schedule, or any Order made thereunder, any enactment incorporated with the Order, this Act together with the Order shall be deemed to be the Special Act, and the Board or the local authority, as the case may be, shall be deemed to be the promoters of the undertaking.U.K.
(b)In this schedule, the expression “land” includes water and any right or servitude to or over land or water, and “prescribed” means prescribed by the Secretary for Scotland.