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Commencement Orders bringing legislation that affects this Act into force:
10Where a compulsory purchase order has been submitted or prepared and the land comprised in the order includes land which has been acquired by statutory undertakers for the purposes of their undertaking, then if on a representation made to the [F1Scottish Ministers] before the expiration of the time within which objections to the order can be made, the [F1Scottish Ministers are] satisfied—S
(a)that any of the said land is used for the purposes of the carrying on of their undertaking, or
(b)that an interest in any of the said land is held for those purposes,
[F2and, if the representation is not withdrawn,] the compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of any land as to which the [F1Scottish Ministers are] satisfied as aforesaid except land as to which [F1they are] satisfied that its nature and situation are such—
(i)that it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or
(ii)that if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on thereof,
and certifies accordingly.
[F3(10A)In paragraphs 9 and 10 of this Schedule “statutory undertakers” include—
(a)a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; and
(b)a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978;
but in relation to a health service body, as so defined, any reference in those paragraphs to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for use by the Secretary of State for use or occupation by that body.]
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