Article 3 Interpretation

In these Rules–

• “the Act” means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947^f1;

• “acquiring authority” means a public authority which has, under the provisions of the First Schedule to the Act, made and submitted to the Secretary of State for confirmation an order authorising the compulsory purchase of land;

• “document” includes, in addition to a document in writing–

  1. (a)

     any map, plan, graph or drawing;

  2. (b)

     any photograph;

  3. (c)

     any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

  4. (d)

     any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;

• “inquiry” means a local inquiry to which these Rules apply;

• “the land” means the land to which the order relates or, where a right over land is proposed to be acquired, the land over which such a right would be exercised;

• “order” means an order authorising the compulsory purchase of land which a public authority has made and submitted to the Secretary of State for confirmation.

• “outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry together with a list (so far as then known) of the documents (if any) which that person intends to refer to, rely on or put in evidence;

• “precognition” means a written statement of the evidence which it is proposed that a witness will give to the inquiry;

• “pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

• “public authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^f2 or a joint board (within the meaning given by section 235(1) of the Local Government (Scotland) Act 1973^f3);

• “relevant date” means the date of the Secretary of State’s notice to the acquiring authority under rule 4(a), and “relevant notice” means that notice;

• “relevant person” means a person who has been required to serve a statement of case in terms of rule 11(1);

• “reporter” means the person appointed by the Secretary of State to hold the inquiry and to report thereon to him;

• “statement of case” means, and is comprised of–

  1. (a)

     a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry; and

  2. (b)

     a list of documents (if any) which the person putting forward that case intends to refer to, rely on or put in evidence;

• “statement of matters” means a statement by the Secretary of State of the matters which appear to him to be likely to be relevant to his consideration of the order;

• “statutory objector” means an owner, lessee, or occupier of the land or any part thereof, who, being entitled to be served with notice of the making of the order, has duly objected to the making thereof in accordance with the provisions of the First Schedule to the Act and whose objection has not been withdrawn, or whose objection has not been disregarded under–

  1. (a)

     paragraph 4(4) of that Schedule; or

  2. (b)

     section 200(1) of the Town and Country Planning (Scotland) Act 1997^f4;

• “the 1976 Rules” means the Compulsory Purchase by Public Authorities (Inquiries Procedure) (Scotland) Rules 1976^f5.