The Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003

The Compulsory Purchase by Public Authorities (Inquiries Procedure) (Scotland) Rules 1998

18.—(1) The Compulsory Purchase by Public Authorities (Inquiries Procedure) (Scotland) Rules 1998(1) shall be amended as follows.

(2) In rule 3 after the definition of “acquiring authority” insert–

““benefited proprietor” means an owner of land on whom a notice is to be served in accordance with paragraph 3(b)(iii) of the First Schedule to the Act.”.

(3) In rule 3 after the definition of “document” insert–

““holder of a personal real burden” means a person on whom a notice is to be served in accordance with paragraph 3(b)(ii) of the First Schedule to the Act.”.

(4) In rule 3 after the definition of “outline statement” insert–

““owners' association” means an owners' association under a development management scheme (as defined in section 71(3) of the Title Conditions (Scotland) Act 2003 on which a notice is to be served in accordance with paragraph 3(b)(iv) of the First Schedule to the Act.”.

(5) In rule 3 for the definition of “statutory objector” substitute–

• ““statutory objector” means an owner, lessee, or occupier of the land or any part thereof or a benefited proprietor, holder of a personal real burden or owners' association, who, being entitled to be served with notice of the making of the order, has duly objected to the making thereof in accordance with the provisions of the First Schedule to the Act and whose objection has not been withdrawn, is not the subject of an undertaking given by the acquiring authority under paragraph 4(2A) of the First Schedule to the Act, or whose objection has not been disregarded under–

  (a)

  paragraph 4(4) of that Schedule; or

  (b)

  section 200(1) of the Town and Country Planning (Scotland) Act 1997.”.

(1)

S.I. 1998/2313.