Transport and Works (Scotland) Act 2007

27 Amendment of Transport (Scotland) Act 2001

In section 70 of the Transport (Scotland) Act 2001 (asp 2) (grants for transport-related purposes), after subsection (1) insert—

“(1A) Without prejudice to the generality of subsection (1) above, the purposes mentioned in that subsection include the purpose of acquiring a qualifying interest in land where the use and enjoyment of that land are, or may be, seriously affected in consequence of—

(a) any provision contained in an order under section 1 of the Transport and Works (Scotland) Act 2007 (asp 8) (orders as to transport systems and inland waterways) made on an application to the Scottish Ministers in accordance with rules made under section 4 of that Act; or

(b) any provision contained in—

(i) an Act passed before the time when Part 1 of that Act of 2007 is first wholly in force; or

(ii) an instrument made under an Act before that time,

and which is of a kind which could be included in an order under section 1 of that Act of 2007.

(1B) An interest in land is a qualifying interest for the purposes of subsection (1A) if it is an interest such as is mentioned in subsection (2) of section 100 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (interests qualifying for protection under blight provisions), references in that section to the date of service of a notice under section 101 of that Act being taken, for those purposes, to be references to the date on which the agreement for the acquisition is made.”.