Regulation 20 Saving: compulsory purchase proceedings commenced before the appointed dayI1
Scotland
Where paragraph (2) applies, the provisions referred to in paragraph (3) continue to have effect, on and after the appointed day, as they did immediately before that day.
This paragraph applies to—
the compulsory purchase of land under F1sections 39 and 40 of the 1967 Act which was commenced but not completed before the appointed day, and
any claim for compensation in connection with the rights or interests in land acquired under sections 39 and 40 which is made but not determined before the appointed day.
The provisions are sections 30, 39, 40, 48 and 49 and F2schedule 5 of the 1967 Act.
For the purposes of this regulation—
the compulsory purchase of land is “completed” when the compulsory purchase order is made and the period in which the validity of that order can be challenged in terms of paragraph 8 of schedule 5 has expired, and
a claim for compensation is “determined” by—
agreement of the parties under Part III of schedule 5 of the 1967 Act, or
the Lands Tribunal for Scotland where any question of disputed compensation is referred to the Tribunal under section 8 of the Land Compensation (Scotland) Act 1963 M1.
Annotations
Textual amendments
- F1
Words in reg. 20(2)(a) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(3)(a)
- F2
Words in reg. 20(3) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(3)(b)
Marginal citations
- M1
1963 c.51, to which there are no relevant amendments.