Land Compensation (Scotland) Act 1973

75Objection to blight notice requiring purchase of whole agricultural unit

(1)The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 74 above shall include the grounds that the claim made in the notice is not justified.

(2)Objection shall not be made to a blight notice served by virtue of section 74 above on the grounds mentioned in section 183(2)(c) of the Act of 1972 (part only of affected area proposed to be acquired) unless it is also made on the grounds mentioned in subsection (1) above ; and the Lands Tribunal shall not uphold an objection to any such notice on the grounds mentioned in the said section 183(2)(c) unless it also upholds the objection on the grounds mentioned in subsection (1) above.

(3)Where objection is made to a blight notice served by virtue of section 74 above on the grounds mentioned in subsection (1) above and also on those mentioned in the said section 183(2)(c), the Lands Tribunal, in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in " other relevant land " as defined in section 74(2) above.

(4)If the Lands Tribunal upholds an objection but only on the grounds mentioned in subsection (1) above, the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area.

(5)If the Tribunal upholds an objection both on the grounds mentioned in subsection (1) above and on the grounds mentioned in the said section 183(2)(c) (but not on any other grounds) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned but not in relation to any other part of the affected area or in relation to the unaffected area.

(6)In a case falling within subsection (4) or (5) above, the Tribunal shall give directions specifying a date on which notice to treat (as mentioned in section 76 below and section 185 of the Act of 1972) is to be deemed to have been served.

(7)Section 184(5) of the Act of 1972 shall not apply to any blight notice served by virtue of section 74 above.