OpenLegislation

Section 190 Power of heritable creditor to serve blight notice.C3C1

Scotland

(1)

Where the whole or part of a hereditament or agricultural unit is comprised in land falling within any of the specified descriptions and a person claims that—

(a)

he is entitled as heritable creditor (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land; and

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 he has made reasonable endeavours to sell that interest F2or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable; and

F3(c)

in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land.

then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, these provisions.

(2)

Subsection (1) of this section shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable a person—

(a)

if his interest as heritable creditor is in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or

(b)

if his interest as heritable creditor is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the entirety of that part.

(3)

Notice under this section shall not be served unless one or other of the following conditions is satisfied with regard to the interest which the heritable creditor claims he has the power to sell—

(a)

the interest could be the subject of a notice under section 182 of this Act served by the person entitled thereto on the date of service of the notice under this section; or

(b)

the interest could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.

C2(4)

No notice under this section shall be served in respect of a hereditament or agricultural unit, or any part of a hereditament or agricultural unit, at a time when a notice already served under section 182 of this Act is outstanding with respect to the hereditament, unit or part; and no notice shall be so served under that section at a time when a notice already served under this section is so outstanding.

(5)

For the purposes of subsection (4) of this section, a notice served under this section or section 182 of this Act shall be treated as outstanding with respect to a hereditament or agricultural unit, or to part of a hereditament or agricultural unit, until—

(a)

it is withdrawn in relation to the hereditament, unit or part; or

(b)

an objection to the notice having been made by a counter-notice under section 183 of this Act, either—

(i)

the period of two months specified in section 184 of this Act elapses without the claimant having required the objection to be referred to the Lands Tribunal under that section; or

(ii)

the objection, having been so referred to the Lands Tribunal, is upheld by the Tribunal with respect to the hereditament, unit or part.

(6)

The grounds on which objection may be made in a counter-notice under section 183 of this Act to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which it applies the grounds specified in paragraph (d) of that subsection and also the following grounds—

(a)

that, on the date of service of the notice under this section, the claimant had no interest as heritable creditor in any part of the hereditament or agricultural unit to which the notice relates;

(b)

that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (1)(a) of this section;

(c)

that the conditions specified in subsection (1)(b) and (c) of this section are not fulfilled;

(d)

that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (3) of this section was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.

Annotations

Textual amendments

F1

Words repealed by Land Compensation Act 1973 (c. 26), Sch. 3 except in relation to a blight notice served before 23.5.1973

F2

Words in s. 190(1)(b) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 79, Sch. 17, Pt. I para. 11, with s. 84(5); S.I. 1991/2092, art.3

F3

S. 190(1)(c) substituted by Land Compensation (Scotland) Act 1973 (c. 56), s. 72

Modifications

C1

S. 190 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 73(1), 77(5); amended by Land Compensation (Scotland) Act 1973 (c. 56), s. 77(4)

C2

S. 190(4)(5) extended by Land Compensation (Scotland) Act 1973 (c. 56), s. 73(4)

C3

Ss. 181–196 modified by Local Government, Planning and Land Act 1980 (c. 65), s. 147(3)

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)