- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Offshore Petroleum Development (Scotland) Act 1975. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(a)upon the completion by the Secretary of State of a compulsory acquisition of land under this Act by means of a compulsory purchase order;
(b)upon his taking possession of land under this Act by means of an expedited acquisition order,
as that section applies upon the completion by an acquiring authority of a compulsory acquisition of land under [F1Part VIII] of that Act.
(2)The provisions of [F1the Town and Country Planning (Scotland) Act 1997] mentioned in subsection (3) below shall apply in relation to—
(a)any land of which possession has been taken under this Act and any other land, being Crown land, which is used or is intended to be used for any purpose referred to in section 1(1) of this Act; and
(b)any relevant operations on that land either by or on behalf of the Secretary of State or any other person,
as they apply in relation to the land, operations and works referred to respectively in those provisions; and accordingly, for the purposes of such application, references in [F1section 196 of the said Act of 1997] to a planning authority shall be construed as references to the Secretary of State.
(3)The provisions referred to in subsection (2) above are—
(a)[F1section 196 of the said Act of 1997] (power to override servitudes and other rights);
(b)[F1section 197] of that Act (provisions as to churches and burial grounds); and
(c)[F1section 198] of that Act (use and development of land for open spaces).
(4)The Secretary of State may by order direct that [F1 sections 224 and 227 of the said Act of 1997] (extinction of rights of way, and rights as to apparatus, of statutory undertakers) and [F1sections 232(2) and 233] of that Act so far as applicable for the purposes [F1of sections 224 and 227], shall apply, with such modifications as appear to him to be necessary, in relation to any such land as is mentioned in subsection (2)(a) above, as they apply in relation to land referred to in [F1the said section 224] which has been acquired by a Minister.
(5)The Secretary of State may by order extinguish any public rights of way or other public rights which in his opinion are hindering or would hinder any relevant operations carried on or proposed to be carried on, on any such land as is mentioned in subsection (2)(a) above, by or on behalf of the Secretary of State or any other person.
(6)An order under subsection (5) above shall, if the Secretary of State is satisfied that it should do so, provide for the creation of an alternative right of way for use as a replacement for any right of way which is extinguished by the order.
(7)In this section references to particular provisions of the said Act of 1972 shall be construed as including references to those provisions as applied in relation to the National Coal Board by regulations made under section 259 of that Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: