OpenLegislation

Section 103 Compulsory acquisition of land by Secretary of State for the Environment.C1

Scotland

(1)

The Secretary of State for the Environment may acquire compulsorily any land necessary for the public service.

(2)

The power of acquiring land compulsorily under this section shall include power to acquire a servitude or other right over land by the grant of a new right:

Provided that this subsection shall not apply to a servitude or other right over any land which would for the purposes of the M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 form part of a common or open space.

(3)

The said Act of 1947 shall apply to any compulsory acquisition by the Secretary of State for the Environment under this section as it applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.

Annotations

Marginal citations

M1

1947 c. 42.

Modifications

C1

S. 103 amended by Local Government, Planning and Land Act 1980 (c. 65), s. 122

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Part VI

Modifications

C1

Pt. VI (ss. 102–122) applied by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 93, Sch. 7 Pt. III para. 13 (with s. 335)