Offshore Petroleum Development (Scotland) Act 1975

Application of compulsory purchase enactments S

1 (1) As from the date on which the order comes into operation the compulsory purchase enactments shall have effect— S

(a) as if the Secretary of State had been authorised to acquire the land specified in the order by a compulsory purchase order coming into operation on that date; and

(b) as if the compulsory purchase of the land authorised by the order were a compulsory purchase to which the provisions of Schedule 1 to the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 apply;

and references in the compulsory purchase enactments to a compulsory purchase order shall be construed accordingly.

(2) In sub-paragraph (1) above “the compulsory purchase enactments” means the Lands Clauses Acts and section 6 and sections 70 to 78 of the M2 Railways Clauses Consolidation (Scotland) Act 1845, the M3 Land Compensation (Scotland) Act 1963, [F1 section 195 of the Town and Country Planning (Scotland) Act 1997 and Schedule 15] to that Act, and Parts III and IV of the M4 Land Compensation (Scotland) Act 1973.

(3) In their application by virtue of this paragraph, sections 34(3)(a) and 36(6)(a) of the said Act of 1973 (material date for entitlement to disturbance payment or rehousing in case of compulsory acquisition under compulsory purchase order) shall have effect as if the references to the time of first publication of the notices there mentioned were references to the time of first publication of the notice required by paragraph 1(1)(b) of Schedule 1 to this Act.

(4) In their application to the purchase of land authorised by the order, sections 49 and 50 of the said Act of 1973 (notice to treat in respect of part of agricultural land) shall have effect as if the person mentioned in subsection (1) of section 49 included a person having an interest no greater than as tenant for a year or from year to year and as if subsection (3)(a) of that section were omitted.

(5) Paragraph 6 of Schedule 2 to the said Act of 1947 (which provides for the incorporation of certain provisions relating to minerals) shall have effect in relation to the order as if it were a compulsory purchase order made in accordance with the provisions of Schedule 1 to that Act.

Textual Amendments

F1 Words in Sch. 2 para. 1(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 24(6)(a)

Marginal Citations

M1 1947 c. 42.

M2 1845 c. 33.

M3 1963 c. 51.

M4 1973 c. 56.