Town and Country Planning (Scotland) Act 1969

51 Repairs notice as preliminary to compulsory acquisition

(1) Neither a local planning authority nor the Secretary of State shall start the compulsory purchase of a building under section 50 above unless at least two months previously they have served on the owner of the building, and not withdrawn, a notice under this section (referred to in this section as a " repairs notice ")—

(a) specifying the works which they consider reasonably necessary for the proper preservation of the building; and

(b) explaining the effect of sections 50 to 53 of this Act.

(2) Where a local planning authority or the Secretary of State have served a repairs notice, the demolition of the building thereafter shall not prevent them from being authorised under section 50 above to acquire compulsorily the site of the building, if the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished.

(3) An authority or the Secretary of State may at any time withdraw a repairs notice served by them; and if they do so, they shall forthwith give notice of the withdrawal to the person who was served with the notice.

(4) A person on whom there has been served a repairs notice shall not in any case be entitled to serve a purchase notice under section 17 of the Act of 1947 or section 42 of this Act until the expiration of three months beginning with the date of the service of the repairs notice; and if during the said period of three months the local planning authority or the Secretary of State start the compulsory acquisition of the building in the exercise of their powers under section 50 above, the person shall not be so entitled unless and until the compulsory acquisition is discontinued.

(5) For the purposes of this section a compulsory acquisition—

(a) is started when the local planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the Acquisition Act 1947 ; and

(b) is discontinued, in the case of acquisition by a local planning authority, when they withdraw the compulsory purchase order or the Secretary of State decides not to confirm it and, in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order.