Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9)

Part I S Listed Buildings

Chapter V S Prevention of Deterioration and Damage

Compulsory acquisition of listed building in need of repair S

46 Ending of rights over land compulsorily acquired. S

(1) Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under section 42—

(a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land and all other rights or servitudes in or relating to that land shall be extinguished, and

(b) any such apparatus shall vest in the acquiring authority.

(2) Subsection (1) shall not apply to—

(a) any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking,

(b) any right conferred by or in accordance with [F1 the electronic communications code] on the operator of [F2 an electronic communications code network] , or

(c) any [F3 electronic communications apparatus] kept installed for the purposes of any [F4 such network] .

(3) In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject to—

(a) any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction, and

(b) any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.

(4) Any person who suffers loss by the extinguishment of a right or servitude or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.

(5) Any compensation payable under this section shall be determined in accordance with the M1 Land Compensation (Scotland) Act 1963.

Textual Amendments

F1 Words in s. 46 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 14(2)(a)

F2 Words in s. 46 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 14(2)(b)

F3 Words in s. 46 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 14(2)(c)

F4 Words in s. 46 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 14(2)(d)

Marginal Citations

M1 1963 c. 51.