Offshore Petroleum Development (Scotland) Act 1975

Duty to acquire the land if possession is taken

3 (1) As soon as may be after taking possession of any land under paragraph 2 above the Secretary of State shall either—

(a) serve notices to treat in respect of that land in accordance with section 17 of the said Act of 1845, or

(b) execute a general vesting declaration in respect of that land under Schedule 24 to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(2) Sub-paragraph (1)(a) above requires the service of a notice to treat on a person having an interest in the land no greater than as tenant for a year or from year to year as well as on persons having greater interests; and the power conferred by section 39 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in respect of any notice to treat served by the Secretary of State in respect of land specified in the order.

(3) The power to execute a general vesting declaration in respect of the land specified in the order shall not be exercisable by the Secretary of State until he has taken possession of the land ; but the foregoing provision shall not apply where the land was included in the order by virtue of section 15(2) of this Act.

4 (1) In their application to a general vesting declaration executed by the Secretary of State in respect of land specified in the order, the provisions of Schedule 24 to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 shall have effect with the following modifications.

(2) The following provisions of that Schedule shall be omitted—

(a) in paragraph 1(1) the words following " specified in the declaration " ;

(b) in paragraph 6 the words following " could have served such a notice " ;

(c) in paragraph 7 the words " together with the right to enter upon and take possession of it" ;

(d) in paragraph 18 the words following " paragraphs 6 to 8 above " ;

(e) paragraphs 2, 3, 5, 8,14, 21, 22(a), 24, 26, 29, 30 and 38 ;

but the omission of paragraph 26 is without prejudice to the making by the Tribunal of any such determination as is mentioned in that paragraph.

(3) In paragraph 4 of that Schedule for the words following " shall serve " there shall be substituted the words " on every owner, lessee and occupier of any land specified in the declaration a notice specifying the land, stating the effect of the declaration, referring to the rights of objection to severance exercisable in respect of the declaration and inviting claims for compensation. "

(4) For any reference in Part II of that Schedule to paragraphs 6 to 8, there shall be substituted a reference to paragraphs 6 and 7.

(5) For paragraph 20(2) of that Schedule there shall be substituted—

“(2) A notice of objection to severance served by any person shall not have effect if it is served more than twenty-eight days after the date on which he first had knowledge of the execution of the general vesting declaration.”

(6) In paragraph 23 of that Schedule for the words " sub-paragraph (a) " there shall be substituted the words " sub-paragraph (b) ".