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Land Settlement (Scotland) Act 1919

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This is the original version (as it was originally enacted).

FIRST SCHEDULEProvisions as to the Compulsory Acquisition of Land

(1)Where under this Act the Board propose to acquire land compulsorily or to provide for the compulsory acquisition of land by a local authority, the Board may prepare an Order putting in force as respects the land specified in the Order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement.

(2)The Order shall be in the prescribed form, and shall contain such provisions as may be prescribed for the purpose of carrying the Order into effect, and shall incorporate, with any necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to the" sale of superfluous lands), and sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845, and those Acts shall apply accordingly.

(3)The Order shall be published b)' the Board in the prescribed manner, and such notice as may be prescribed shall be given both in the locality in which the land specified in the Order is situate, and to the owners or reputed owners, lessees or reputed lessees, and occupiers of that land.

(4)Any person having a right or interest hi the land specified in the Order may, within the prescribed period, present in writing to the Board an objection to the making of the Order.

(5)If within that period no such objection has been so presented, or every such objection so presented has been withdrawn, the Board may, subject to the approval of the Secretary for Scotland, forthwith make the Order ; but, if any such objection has been duly presented and has not been withdrawn, the Board shall take the same into consideration, and, after such inquiry (if any) as they think fit, may either withdraw the Order, without prejudice to the preparation and making of a new Order, or may make the Order with or without modification, subject to the approval aforesaid.

(6)In the case of an Order providing for the compulsory acquisition by leasing of land for allotments—

(a)the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, so far as applicable to compulsory leasing, shall apply with the necessary modifications ; and

(b)the provisions of section twenty-six of the Local Government (Scotland) Act, 1894, shall apply with the necessary modifications ; and in such application references to a parish and to a parish council shall include references respectively to a burgh and to a town council ; references to the county council and to the Local Government Board for Scotland shall be construed as references to the Board ; references to section twenty-five of the said Act of 1894 shall be construed as references to this schedule ; and the reference to allotments last occurring in subsection (1) of the said section twenty-six shall include a reference to common pasture.

(7)Any Order made under this schedule with the approval of the Secretary for Scotland shall have effect as if enacted by Parliament.

(8)—(a) In construing, for the purposes of this schedule, or any Order made thereunder, any enactment incorporated with the Order, this Act together with the Order shall be deemed to be the Special Act, and the Board or the local authority, as the case may be, shall be deemed to be the promoters of the undertaking.

(b)In this schedule, the expression " land " includes water and any-right or servitude to or over land or water, and " prescribed" means prescribed by the Secretary for Scotland.

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