Sections 3 and 20.
FIRST SCHEDULEU.K. Provisions as to the Compulsory Acquisition of Land
Modifications etc. (not altering text)
C1Functions of Secretary for Scotland now exercisable by Secretary of State: Secretaries of State Act 1926 (c. 18) s. 1
(1)U.K.Where under this Act the Board propose to acquire land compulsorily 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)U.K.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 M1Railways Clauses Consolidation (Scotland) Act, 1845, and those Acts shall apply accordingly.
Marginal Citations
(3)U.K.The Order shall be published by 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)U.K.Any person having a right or interest in 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(5)U.K.If within that period no such objection has been so presented, or every such objection so presented has been withdrawn, the Board may . . . . . . F1 forthwith make the Order; but, if any such objection has been duly presented and has not been withdrawn, the Board shall take the same into consideration, and, after such inquiry (if any) as they think fit, may either withdraw the Order, without prejudice to the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. . . . . . . F1
Textual Amendments
F1Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
F2(6)U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 6 repealed (S.) (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch.
(7)U.K.Any Order made under this schedule . . . . . . F3 shall have effect as if enacted by Parliament.
Textual Amendments
F3Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
(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.U.K.
(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.
Section 17.
SECOND SCHEDULEU.K. Minor and Consequential Amendments of the Act of 1911.
Modifications etc. (not altering text)
C2The text of Sch. 2 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
| Enactment to be amended. | Amendment. |
|---|---|
| Small Landholders (Scotland) Act, 1911 (1 & 2 Geo. 5. c. 49). | |
| Section 7 | At the end of subsection (6) the following words shall be inserted:— “ nor shall the rent payable in respect of a new holding constituted bya scheme made under this section be so altered for a like period ”. |
| In subsection (12) for the words “Land Court” there shall be substitutedthe word “Board”. | |
At the end of subsection (18) the following words shall beinserted:— “ and any other land which has been or may be acquired by the Board ” | |
| Section 24 | In subsection (3) after the words “or the Land Court” there shall beinserted the words “or the Board” and after the words “from the LandCourt”, there shall be inserted the words “or from the Board”. |
| Section 35 | For the words “Land Court” there shall be inserted the word “Board.” |
Section 23.
THIRD SCHEDULEU.K. Minor and Consequential Amendments of the Act of 1892.
Modifications etc. (not altering text)
C3The text of Sch. 2 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
| Enactment to be amended. | Amendment. |
|---|---|
| The Allotments (Scotland) Act, 1892 (55 & 56 Vict. c. 54.) | |
| Section 2 | For the word “county,” wherever occurring, there shall be substitutedthe word “parish”. |
| Section 3 | In paragraphs (a) and (b) of subsection (5), and in subsection (7),for the words “local authority,” wherever occurring, there shall besubstituted the words “Board of Agriculture for Scotland,” and for thewords “a provisional order,” wherever occurring, there shall besubstituted the words “an order”. |
| Section 12 | For the words “any parish in their county” there shall be substitutedthe word “parish”. |
| Section 14 | For the word “county,” wherever occurring, there shall be substitutedthe word “parish”. |
| Section 16 | In the definition of “local authority,” for the words “in a county thecounty council” there shall be substituted the words “elsewhere than aburgh the parish council”. |
F4F4FOURTH SCHEDULEU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 4 repealed by Statute Law Revision Act 1927 (c. 42)