Part V

Rights of Owners etc. to Require Purchase of Interests
Chapter II

Interests Affected by Planning Proposals: Blight

Miscellaneous and supplementary provisions

Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
116
1
Where a blight notice has been served in respect of land falling within paragraph 5, 6 or 7 of Schedule 14, then until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area the Secretary of State shall have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of the paragraph that applies.
2
Where the Secretary of State acquires an interest under subsection (1), then—
a
if the land is or becomes land within paragraph 6 or, as the case may be, paragraph 7(b) of Schedule 14, the interest shall be transferred by him to the development corporation established for the new town or, as the case may be, the urban development corporation established for the urban development area, and
b
in any other case, the interest may be disposed of by him in such manner as he thinks fit.
3
The Land Compensation (Scotland) Act 1963 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (1) as if—
a
the acquisition were by a development corporation under the New Towns (Scotland) Act 1968 or, as the case may be, by an urban development corporation under Part XVI of the Local Government, Planning and Land Act 1980,
b
in the case of land within paragraph 5 of Schedule 14, the land formed part of an area designated as the site of a new town by an order which has come into operation under section 1 of the New Towns (Scotland) Act 1968, and
c
in the case of land within paragraph 7(a) of Schedule 14, the land formed part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980 which has come into operation.
4
Where a blight notice to which subsection (1) relates has been served by a crofter or cottar the preceding subsections shall have effect as if there were substituted—
a
in subsection (1), for the words “acquire compulsorily any interest in the land” the words “ take possession of any land occupied by the crofter or cottar ”,
b
in subsection (2), for the words “acquires an interest” and “interest” the words “ takes possession ” and “ possession ” respectively, and
c
in subsection (3), for the words from “acquisition of” to “acquisition were” the words “ taking of possession of land by the Secretary of State under subsection (1) as if the taking of possession were ”.
1963 c. 51.
1968 c. 16.
1980 c. 65.
1980 c. 65.
Pt. V Ch. II applied (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), s. 34(2) (with s. 33)
Pt. V Ch. II applied (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 74(2) (with s. 75)
Pt. V Ch. II applied (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 75(2) (with ss. 76, 84)
Pt. V Ch. II applied (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 41(2) (with ss. 50(2), 51)
Pt. V excluded (1.4.2007) by Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (S.S.I. 2007/268), arts. 1(1), 3(2)(b) (with art. 14(3))
Pt. V Ch. II applied (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 50(2) (with ss. 48, 59)
Pt. V Ch. II modified (3.2.2011) by Forth Crossing Act 2011 (asp 2), ss. 72, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.