Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

1 Procedure for compulsory purchase of land by local authorities, and by the Minister of Transport, the Minister of Civil Aviation and the Secretary of State for certain purposes. S

(1) The authorisation of any compulsory purchase of land—

(a) by a local authority where, apart from this Act, power to authorise the authority to purchase land compulsorily is conferred by or under any enactment contained in a public general Act and in force immediately before the commencement of this Act, other than any enactment specified in subsection (4) of this section;

[F1 (b) by the Secretary of State under section 41 or 49 of the Civil Aviation Act 1982]

(d) by the Secretary of State under section [F2 79 of the National Health Service (Scotland) Act 1978];

[F3 (da) by the Scottish Ministers under section 19 of the Forestry and Land Management (Scotland) Act 2018;]

[F4 (e) by the Scottish Ministers under section 35 or 72 of the Land Reform (Scotland) Act 2003 (asp 2);]

[F5 (ea) by the Scottish Ministers under section 5A(3) of the Diseases of Fish Act 1937 (c. 33);]

[F6 (f) by Scottish Water under section 47 of the Water Industry (Scotland) Act 2002 (asp 3) ; ]

shall, subject to the provisions of this . . . F7 section, be conferred by an order (in this Act referred to as a “compulsory purchase order”) in accordance with the provisions of the First Schedule to this Act.

(2) The purchase, in a case falling within the last foregoing subsection, of land—

(a) which is the property of a local authority or which has been acquired by statutory undertakers for the purposes of their undertaking,

(b) forming part of a common or open space or held inalienably by the National Trust for Scotland, F8 . . .

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be subject to the special provisions of Part III of the said First Schedule.

[F9 (2A) The following sections of, and the Schedules to, this Act shall apply in relation to a compulsory purchase by Scottish Water as they apply in relation to a compulsory purchase by a local authority.]

(3) In relation to any compulsory purchase to which the provisions of the First Schedule to this Act apply, the Lands Clauses Acts and other enactments mentioned in Part I of the Second Schedule to this Act shall be incorporated in accordance with the provisions of the said Part I; and the Acquisition of Land (Assessment of Compensation) Act, M1 1919, shall have effect in relation to any such compulsory purchase subject to the provisions of Part II of that Schedule.

(4) The enactments excepted from the operation of subsection (1) of this section are any enactment contained in—

F10 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the Light Railways Acts, 1896 and 1912;

F12 (d), (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 1(b) substituted for paras. (b) and (c) by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 2(1)

F2 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 2

F3 S. 1(1)(da) inserted (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 1 para. 1 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)

F4 S. 1(1)(e) inserted (14.6.2004) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), sch. 2 para. 2 (with s. 100(2)); S.S.I. 2004/247, art. 2(b)

F5 S. 1(1)(ea) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), sch. para. 2 (with s. 39); S.S.I. 2007/333, art. 2(1)

F6 S. 1(1)(f) inserted (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 1(a)

F7 Words repealed by Statute Law Revision Act 1953 (c. 5)

F8 S. 1(2)(c)and “or” immediately preceeding it repealed by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), Sch. 5 (by the note at the end of Sch. 5 it is provided that nothing in that Schedule shall affect the operation of any enactment in relation to which para. 1(1) of Sch. 3 to the repealing Act applies)

F9 S. 1(2A) inserted (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 1(b)

F10 S. 1(4)(a) repealed (28.12.2016) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2016/417, reg. 2, sch.

F11 S. 1(4)(b) repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch.

F12 S. 1(4)(d)(e)repealed by Housing (Scotland) Act 1969 (c. 34), s. 69(3), Sch. 7

F13 S. 1(4)(f)repealed by Town and Country Planning (Scotland) Act 1947 (c. 53), Sch. 9 Pt. II

F14 S. 1(5) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

Modifications etc. (not altering text)

C1 S. 1(1)(b) extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 110(3)

Marginal Citations

M1 1919 c. 57.