Paragraph 1
The following sections of the M1Lands Clauses Consolidation (Scotland) Act 1845 (hereafter in this Schedule referred to as “the Act of 1845”) shall be excepted from incorporation with this Act, that is to say—
sections 120 to 124 (sale of superfluous land);
section 127 (promoters to make good deficiencies in land tax and rates); and
sections 142 and 143 (access to the special Act).
In construing the Lands Clauses Acts and the M2Railways Clauses Consolidation (Scotland) Act 1845 as incorporated with this Act—
this Act or, in relation to a compulsory acquisition, this Act and the compulsory purchase order, shall be deemed to be the special Act;
in relation to a compulsory acquisition, references to the promoters of the undertaking or to the railway company shall be construed as references to the acquiring authority;
references to the execution of the works or to the construction of the railway shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by this Act;
in relation to any erection, construction or carrying out of any building or works so authorised, references in section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (compensation for injurious affection) to the railway company shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and
references to the execution of the works or to the construction of the railway shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of the Secretary of State on land acquired by him under section 8 of this Act, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.
Annotations
Marginal citations
- M1
1845 c. 19(28:2).
- M2
1845 c. 33(102).