Paragraph 15 C1C2C3C4
If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that the authorisation of a compulsory purchase thereby granted is not empowered to be granted under this Act or any such enactment as is mentioned in subsection (1) of section one of this Act, or if any person aggrieved by a compulsory purchase order or a certificate under Part III of this Schedule desires to question the validity thereof on the ground that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the order or certificate, he may, within six weeks from the date on which notice of the confirmation or making of the order or of the giving of the certificate is first published in accordance with the provisions of this Schedule in that behalf, make an application to the Court of Session, and on any such application the Court—
may by interim order suspend the operation of the compulsory purchase order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;
if satisfied that the authorisation granted by the compulsory purchase order is not empowered to be granted as aforesaid, or that the interests of the applicant have been substantially prejudiced by any requirement of this Schedule or of any regulation made thereunder not having been complied with, may quash the compulsory purchase order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Annotations
Textual amendments
- F1
Sch. 1 para. 15(2) repealed by Tribunals and Inquiries Act 1958 (c. 66), Sch. 2 Pt. I
Modifications
- C1
Pt. IV para. 15 amended by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 60
- C2
Pt. IV para. 15 applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 3 Pt. III paras. 16, 23
- C3
Pt. IV para. 15 applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 93, 335, Sch. 7 Pt. II para. 11
- C4
Para. 15 applied with modification by Agriculture Act 1967 (c. 22), s. 45, Sch. 5 Pt. I para. 7
Notes on Schedule First
Modifications
- C1
Sch. 1 applied by Offshore Petroleum Development (Scotland) Act 1975 (c. 8, SIF 86), s. 1, Sch. 2 para. 1
- C2
Sch. 1 extended by Offshore Petroleum Development (Scotland) Act 1975 (c. 8, SIF 86), s 1, Sch. 2 para. 1(1)(b)
Notes on Part IV
Modifications
- C1
Pt. IV applied with modifications by Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 2 para. 7
- C2
Part IV applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 4, 39, Sch. 2 Pt. I (as amended (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 38 (with s. 40(7); S.I. 1994/2553, art. 2) and Gas Act 1965 (c. 36), s. 4(8); Sch. 2 paras. 11, 17
- C3
Sch. 1 Pt. IV applied (31.10.1994) by 1958 c. 69, s. 16(5) (as substituted by 1994 c. 21, s. 52, Sch. 8 para. 14(7) (with s. 40(7)); S.I. 1994/2553, art. 2)